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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Building Services (Registration) Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
Part 2 -- Prohibitions in relation to
unregistered persons
Division 1 -- Use of titles and representations as
to registration
4. Restriction on use of titles 6
5. Claims as to registration 6
6. Advertising entitlement to carry out prescribed
building service when not registered 6
Division 2 -- Prohibitions in respect of carrying
out prescribed building service
7. Carrying out prescribed building service when not
registered 7
Division 3 -- Advertisements by building
service contractors
8. Advertisements by building service contractor 9
Part 3 -- Registration of building
service providers
Division 1 -- Grant or renewal of registration
9. Classes of building service practitioner and
building service contractor 10
10. Effect of registration as building service
practitioner 10
171--3 page i
Building Services (Registration) Bill 2010
Contents
11. Effect of registration as building service contractor 10
12. Duration of registration 10
13. Application for registration or renewal 11
14. Further information 12
15. Timing of application for renewal 12
16. Application for registration by a person whose
registration has been cancelled 13
17. Registration of building service practitioners 14
18. Registration of building service contractors 14
19. Notice of decision 15
20. Registration certificate 15
Division 2 -- Nominated supervisors
21. Nominated supervisor for building service
contractor 16
22. Effect of not having nominated supervisor 16
Division 3 -- Conditions on registration
23. Conditions generally 17
24. Conditions imposed by Board 17
25. Compliance with conditions 18
Division 4 -- Amendment, suspension or
cancellation of registration
26. When Board may amend, suspend or cancel
registration 18
27. Suspension of registration: effect 19
28. Revocation of suspension 19
Division 5 -- Register
29. The register 20
30. Inspection of register 21
31. Board to provide register information 22
Division 6 -- Offences in relation to registration
32. Notification of change of address 22
33. Notification of change in eligibility 22
34. Notification of financial difficulty 22
35. Notification of certain offences 23
36. Notification of disciplinary action 23
37. Return of registration certificate 24
page ii
Building Services (Registration) Bill 2010
Contents
Part 4 -- Owner-builder approvals
Division 1 -- Preliminary
38. Terms used 25
39. Meaning of owner 25
40. When owner-builder approval may be applied for 25
41. Application by more than one person 26
42. Approval issued to more than one person 26
Division 2 -- Grant of approval
43. Application for owner-builder approval 26
44. Further information 27
45. Decision on application for approval 28
46. Duration of approval 29
Division 3 -- Conditions on approval
47. Conditions of owner-builder approval 29
48. Conditions imposed by Board 29
49. Compliance with conditions 30
Division 4 -- Role of Board in respect of
complaint about owner-builder
50. Grounds for cancellation of approval 30
51. Board to decide what action to take in respect of
complaint forwarded by Building Commission 30
Part 5 -- Disciplinary matters --
registered building service
providers
Division 1 -- Preliminary
52. Application of Part 32
53. Disciplinary matters 32
54. Relationship with other legislation 35
Division 2 -- Interim disciplinary orders
55. Interim disciplinary orders 35
Division 3 -- Role of Board
56. Board to decide what action to take in respect of
complaint forwarded by Building Commissioner 36
57. Board may deal with certain complaints 37
page iii
Building Services (Registration) Bill 2010
Contents
Division 4 -- Proceedings in State
Administrative Tribunal
58. Jurisdiction of State Administrative Tribunal 38
59. Disciplinary action against nominated supervisor
or officer of building service contractor 39
60. Declaration of ineligible person 40
61. State Administrative Tribunal to provide
information to Building Commissioner 41
62. Board may notify certain persons if registration
suspended or cancelled 41
63. Other remedies not affected 41
Part 6 -- Review
64. Review by State Administrative Tribunal of certain
decisions 42
Part 7 -- Building Services Board
Division 1 -- Establishment
65. Board established 43
66. Status 43
67. Membership of Board 43
68. Remuneration and allowances 43
Division 2 -- Functions and powers
69. Functions 44
70. Powers 44
71. Delegation by Board 44
Division 3 -- Staff and services
72. Staff and services 45
Division 4 -- Relationship of Board with
Minister
73. Directions by Minister 45
74. Minister to have access to information 46
Division 5 -- Constitution and proceedings of
the Board
Subdivision 1 -- General provisions
75. Term of office 47
76. Casual vacancies 47
77. Deputy chairperson acting as chairperson 48
78. Alternate members 48
page iv
Building Services (Registration) Bill 2010
Contents
79. Holding meetings 49
80. Quorum 49
81. Presiding at meetings 49
82. Procedure at meetings 49
83. Voting 49
84. Inviting consultant to participate in meeting 50
85. Holding meetings remotely 50
86. Resolution without meeting 50
87. Minutes 50
88. Committees 50
Subdivision 2 -- Disclosure of interests
89. Disclosure of interest 51
90. Voting by interested Board member 52
91. Section 90 may be declared inapplicable 52
92. Quorum where section 90 applies 52
93. Minister may declare sections 90 and 92
inapplicable 53
Division 6 -- General
94. Information to be provided to Building
Commissioner annually 53
95. Moneys to be credited to Building Services
Account 53
96. Execution of documents by the Board 54
Part 8 -- General provisions
97. Offences by bodies corporate -- liability of
directors and others 55
98. Protection from liability 56
99. False or misleading information 56
100. Confidentiality of information 57
101. When a prosecution can be commenced 57
102. Prosecutions 57
103. Evidentiary matters 58
104. Regulations 59
105. Review of Act 60
page v
Building Services (Registration) Bill 2010
Contents
Part 9 -- Repeal, savings, transitional
and other provisions
Division 1 -- General
106. Interpretation Act 1984 not affected 61
Division 2 -- Repeal
107. Builders' Registration Act 1939 repealed 61
108. Painters' Registration Act 1961 repealed 61
109. Builders' Registration Regulations repealed 61
110. Painters' Registration (Infringement Notices)
Regulations 2006 repealed 61
111. Painters' Registration Board Rules 1962 repealed 61
112. Local Government (Building Surveyors)
Regulations 2008 repealed 61
Division 3 -- Savings and transitional matters
Subdivision 1 -- Builders
113. Terms used 62
114. Registration continues 62
115. Existing applications for registration 63
116. Allegations of cause for disciplinary action made
by former Board 64
117. Disciplinary action: persons registered under
repealed Act 64
118. Devolution of assets and liabilities of former board 64
119. Members of former board 65
120. Staff of former board 65
121. Reporting in respect of former board 66
122. Completion of things commenced 66
123. Continuing effect of things done 67
124. Agreements and instruments generally 67
Subdivision 2 -- Painters
125. Terms used 68
126. Painting commenced before commencement day 68
127. Registration continues 68
128. Existing applications for registration 69
129. Allegations of cause for disciplinary action made
by former board 70
130. Disciplinary action: persons registered under
repealed Act 70
page vi
Building Services (Registration) Bill 2010
Contents
131. Devolution of assets and liabilities of former board 70
132. Members of former board 71
133. Staff of former board 71
134. Reporting in respect of former board 72
135. Completion of things commenced 72
136. Continuing effect of things done 72
137. Agreements and instruments generally 73
Subdivision 3 -- Building Surveyors
138. Terms used 73
139. Registration of certificate holders 74
140. Existing applications for certificate 74
141. Members of former committee 74
142. Records of former committee 74
143. Agreements and instruments generally 75
Subdivision 4 -- General provisions
144. Registration of documents 75
145. Exemption from State tax 76
146. Transitional regulations 76
Part 10 -- Consequential
amendments
Division 1 -- Home Building Contracts Act 1991
amended
147. Home Building Contracts Act 1991 amended 78
148. Section 3 amended 78
149. Section 25A amended 78
150. Section 25B amended 80
151. Section 25F amended 81
152. Section 25FA amended 81
153. Section 25G amended 82
154. Section 31B amended 83
Division 2 -- Other Acts amended
155. Constitution Acts Amendment Act 1899 amended 83
156. Local Government (Miscellaneous Provisions)
Act 1960 amended 83
374AAA. Local governments not to issue building
licences in certain circumstances 84
157. Sentencing Act 1995 amended 85
158. State Administrative Tribunal Act 2004 amended 85
159. Travel Agents Act 1985 amended 85
page vii
Building Services (Registration) Bill 2010
Contents
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Building Services (Registration) Bill 2010
A Bill for
An Act to provide for the following --
the registration of certain building service providers;
the approval of owner-builders;
the repeal of the Builders' Registration Act 1939, the Painters'
Registration Act 1961 and various regulations;
related matters.
The Parliament of Western Australia enacts as follows:
page 1
Building Services (Registration) Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Building Services (Registration) Act 2010.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 In this Act, unless the contrary intention appears --
12 amend, in relation to registration, includes --
13 (a) impose a condition; and
14 (b) vary or revoke a condition already imposed;
15 Board means the Building Services Board established by
16 section 65;
17 body means any of the following --
18 (a) a corporation;
19 (b) a partnership;
20 (c) an unincorporated body;
21 Building Commissioner has the meaning given in the Building
22 Services (Complaint Resolution and Administration) Act 2010
23 section 3;
24 building permit means --
25 (a) a building permit granted under the Building Act 2010;
26 or
27 (b) a building licence issued under the Local Government
28 (Miscellaneous Provisions) Act 1960 section 374;
page 2
Building Services (Registration) Bill 2010
Preliminary Part 1
s. 3
1 building service has the meaning given in the Building Services
2 (Complaint Resolution and Administration) Act 2010 section 3;
3 building service contractor means a person registered under
4 section 18;
5 building service practitioner means a person registered under
6 section 17;
7 Building Services Account means the account referred to in the
8 Building Services (Complaint Resolution and Administration)
9 Act 2010 section 92;
10 CEO means the chief executive officer of the Department;
11 class, in relation to a building service practitioner or building
12 service contractor, means a class prescribed as referred to in
13 section 9;
14 committee means a committee appointed under section 88;
15 complaint means a complaint made under the Building Services
16 (Complaint Resolution and Administration) Act 2010 section 15;
17 condition includes restriction;
18 corporation has the meaning given in the Corporations Act
19 section 57A;
20 Corporations Act means the Corporations Act 2001
21 (Commonwealth);
22 Department means the department of the Public Service
23 principally assisting the Minister in the administration of this
24 Act;
25 ineligible person means a person declared to be an ineligible
26 person under section 60;
27 insolvent means a person who is, according to the Interpretation
28 Act 1984 section 13D, a bankrupt or a person whose affairs are
29 under insolvency laws;
30 jurisdiction means a State or Territory of the Commonwealth;
31 nominated supervisor has the meaning given in section 21;
page 3
Building Services (Registration) Bill 2010
Part 1 Preliminary
s. 3
1 officer means --
2 (a) in the case of a corporation -- an officer of a
3 corporation as defined in the Corporations Act section 9;
4 or
5 (b) in the case of a body that is not a corporation -- an
6 officer of an entity that is neither an individual nor a
7 corporation as defined in the Corporations Act section 9;
8 prescribed building service means a building service that is
9 prescribed by the regulations;
10 public authority means any of the following --
11 (a) a Minister of the State;
12 (b) an agency or an organisation as those terms are defined
13 in the Public Sector Management Act 1994 section 3(1);
14 (c) a local government or regional local government;
15 (d) a body, whether incorporated or not, or the holder of an
16 office, that is established or continued for a public
17 purpose under a written law and that, under the authority
18 of a written law, performs a statutory function on behalf
19 of the State;
20 register means the register referred to in section 29;
21 registered building service provider means either of the
22 following --
23 (a) a building service practitioner;
24 (b) a building service contractor;
25 registration means registration under Part 3;
26 registration certificate means a certificate issued under
27 section 20;
28 registration number, in relation to a registered building service
29 provider, means the number assigned to the person's registration
30 certificate by the Building Commissioner;
page 4
Building Services (Registration) Bill 2010
Preliminary Part 1
s. 3
1 serious offence means an offence (whether committed in or
2 outside this State) that is --
3 (a) an indictable offence against a law of this State, the
4 Commonwealth or another jurisdiction (whether or not
5 the offence is or may be dealt with summarily); or
6 (b) an offence against the law of another jurisdiction that
7 would be an indictable offence against a law of this
8 State if committed in this State (whether or not the
9 offence could be dealt with summarily if committed in
10 this State).
page 5
Building Services (Registration) Bill 2010
Part 2 Prohibitions in relation to unregistered persons
Division 1 Use of titles and representations as to registration
s. 4
1 Part 2 -- Prohibitions in relation to
2 unregistered persons
3 Division 1 -- Use of titles and representations as to registration
4 4. Restriction on use of titles
5 (1) A person must not use a title prescribed by the regulations
6 unless the person is registered in a class of building service
7 practitioner or building service contractor entitled under
8 section 10 or 11 to use that title.
9 Penalty: a fine of $25 000.
10 (2) Subsection (1) does not apply to a person, or a person in a class
11 of persons, prescribed by the regulations for the purposes of this
12 section.
13 5. Claims as to registration
14 (1) A person must not advertise, or otherwise hold out or imply,
15 that the person is registered in a class of building service
16 practitioner unless the person is registered in that class of
17 building service practitioner.
18 Penalty: a fine of $25 000.
19 (2) A person must not advertise, or otherwise hold out or imply,
20 that the person is registered in a class of building service
21 contractor unless the person is registered in that class of
22 building service contractor.
23 Penalty: a fine of $25 000.
24 6. Advertising entitlement to carry out prescribed building
25 service when not registered
26 (1) A person must not advertise, or otherwise hold out or imply,
27 that the person is entitled, either alone or with others, to carry
28 out a prescribed building service for other persons unless the
29 person is a building service contractor entitled under section 11
30 to carry out that building service.
31 Penalty: a fine of $25 000.
page 6
Building Services (Registration) Bill 2010
Prohibitions in relation to unregistered persons Part 2
Prohibitions in respect of carrying out prescribed building Division 2
service
s. 7
1 (2) Subsection (1) does not apply to a person if --
2 (a) the person is --
3 (i) a public authority; or
4 (ii) an officer or employee of a public authority, in
5 so far as that person directs or supervises the
6 carrying out of a prescribed building service in
7 the performance of the person's duties as such an
8 officer or employee;
9 or
10 (b) the person is a person, or in a class of persons,
11 prescribed by the regulations for the purposes of this
12 section.
13 Division 2 -- Prohibitions in respect of carrying out prescribed
14 building service
15 7. Carrying out prescribed building service when not
16 registered
17 (1) A person must not carry out, or undertake to carry out, a
18 prescribed building service for any other person unless the
19 person is a building service contractor entitled under section 11
20 to carry out that building service.
21 Penalty: a fine of $25 000.
22 (2) Subsection (1) does not apply to the following --
23 (a) a person who carries out a prescribed building service as
24 an employee of a building service contractor entitled to
25 carry out that building service;
26 (b) a person who is --
27 (i) a public authority; or
28 (ii) an officer or employee of a public authority, in
29 so far as that person directs or supervises the
30 carrying out of a prescribed building service in
31 the performance of the person's duties as such an
32 officer or employee;
page 7
Building Services (Registration) Bill 2010
Part 2 Prohibitions in relation to unregistered persons
Division 2 Prohibitions in respect of carrying out prescribed building
service
s. 7
1 (c) the person is a person, or in a class of persons,
2 prescribed by the regulations for the purposes of this
3 section.
4 (3) Subject to subsection (4), a person is not entitled to any
5 monetary or other consideration in respect of anything the
6 person did in contravention of subsection (1).
7 (4) A person is not stopped under subsection (3) from claiming
8 reasonable remuneration for carrying out a prescribed building
9 service, but only if the amount claimed --
10 (a) is not more than the amount paid by the person in
11 supplying materials and labour for carrying out the
12 building service; and
13 (b) does not include allowance for any of the following --
14 (i) the supply of the person's own labour;
15 (ii) the making of a profit by the person for carrying
16 out the building service;
17 (iii) costs incurred by the person in supplying
18 materials and labour if, in the circumstances, the
19 costs were not reasonably incurred;
20 and
21 (c) is not more than any amount agreed to as the price for
22 carrying out the building service; and
23 (d) does not include any amount paid by the person that
24 may fairly be characterised as being, in substance, an
25 amount paid for the person's own direct or indirect
26 benefit.
27 (5) A building service contractor who has entered into a contract to
28 carry out a prescribed building service must not enter into a
29 contract with another person for the other person to carry out the
30 building service (or any part of the building service) for the
31 contractor unless the other person is a building service
32 contractor entitled to carry out that building service.
33 Penalty: a fine of $25 000.
page 8
Building Services (Registration) Bill 2010
Prohibitions in relation to unregistered persons Part 2
Advertisements by building service contractors Division 3
s. 8
1 Division 3 -- Advertisements by building service contractors
2 8. Advertisements by building service contractor
3 Unless the regulations prescribe otherwise, a building service
4 contractor must cause the contractor's registration number to
5 appear in any advertisement published by the contractor in
6 respect of availability of the contractor to carry out prescribed
7 building services.
8 Penalty: a fine of $5 000.
page 9
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 1 Grant or renewal of registration
s. 9
1 Part 3 -- Registration of building service providers
2 Division 1 -- Grant or renewal of registration
3 9. Classes of building service practitioner and building service
4 contractor
5 (1) An individual may be registered under section 17 as a building
6 service practitioner in a class of building service practitioner
7 prescribed by the regulations.
8 (2) An individual or a body may be registered under section 18 as a
9 building service contractor in a class of building service
10 contractor prescribed by the regulations.
11 10. Effect of registration as building service practitioner
12 Subject to this Act, registration in a class of building service
13 practitioner entitles the person registered to use a title prescribed
14 by the regulations for that class of practitioner.
15 11. Effect of registration as building service contractor
16 Subject to this Act and the Building Act 2010, registration in a
17 class of building service contractor entitles the person
18 registered --
19 (a) to carry out a prescribed building service that is
20 prescribed by the regulations for that class of contractor;
21 and
22 (b) to use a title prescribed by the regulations for that class
23 of contractor.
24 12. Duration of registration
25 (1) The registration of a registered building service provider in a
26 class of building service practitioner or in a class of building
27 service contractor, unless sooner cancelled, expires on the day
28 (the expiry day) that is the earlier of the following --
29 (a) the day of the 3rd anniversary of the day on which the
30 registration commences;
page 10
Building Services (Registration) Bill 2010
Registration of building service providers Part 3
Grant or renewal of registration Division 1
s. 13
1 (b) the expiry day that is specified in the certificate of
2 registration.
3 (2) The registration of a registered building service provider in a
4 class of building service practitioner or in a class of building
5 service contractor that is renewed under this Act, unless sooner
6 cancelled, expires on the day (the expiry day) that is the
7 earlier of the following --
8 (a) the day of the 3rd anniversary of the day on which the
9 registration is renewed;
10 (b) the expiry day that is specified in the certificate of
11 registration.
12 (3) If an application accepted by the Board for the renewal of
13 registration has not been determined by the expiry day, the
14 registration --
15 (a) continues to have effect on and from the expiry day until
16 the Board renews or refuses to renew the registration or
17 the applicant withdraws the application, unless the
18 registration is sooner cancelled; and
19 (b) if renewed, is taken to have been renewed on and from
20 the expiry day.
21 13. Application for registration or renewal
22 (1) An individual may apply to the Board for registration as a
23 building service practitioner in a class of building service
24 practitioner or for the renewal of that registration.
25 (2) An individual or a body may apply to the Board for registration
26 as a building service contractor in a class of building service
27 contractor or for the renewal of that registration.
28 (3) An application is to --
29 (a) be made in writing in a manner and form determined by
30 the Building Commissioner; and
page 11
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 1 Grant or renewal of registration
s. 14
1 (b) state each class of building service practitioner or
2 building service contractor in respect of which
3 registration or renewal is sought; and
4 (c) be accompanied by --
5 (i) the application fee prescribed by the regulations;
6 and
7 (ii) the registration fee prescribed by the regulations.
8 14. Further information
9 (1) The Board may, in writing, require an applicant under
10 section 13 to do any or all of the following --
11 (a) provide the Board with such further information relevant
12 to the application as the Board requires;
13 (b) verify any further information by statutory declaration;
14 (c) provide the Board with the applicant's written consent to
15 seek from another specified person information about
16 the applicant relevant to the application.
17 (2) The Board may specify in the requirement a reasonable time
18 within which the applicant must comply with the requirement.
19 (3) The Board may refuse to consider an application if the applicant
20 does not comply with a requirement under subsection (1) within
21 the time specified in the requirement or, if no time is so
22 specified, within a reasonable time.
23 (4) The Board may, in writing, require an applicant under
24 section 13, or a representative of the applicant, to attend before
25 the Board for the purpose of satisfying the Board as to a matter
26 relevant to the application and, if the person fails to attend, may
27 refuse the application.
28 15. Timing of application for renewal
29 (1) An application for the renewal of the registration of a registered
30 building service provider in a class of building service
31 practitioner or in a class of building service contractor is to be
page 12
Building Services (Registration) Bill 2010
Registration of building service providers Part 3
Grant or renewal of registration Division 1
s. 16
1 made to the Board within the period prescribed by the
2 regulations as the renewal period.
3 (2) The Board may, by written notice, accept an application made
4 within 6 months after the end of the renewal period (even after
5 the expiry of the registration sought to be renewed) if satisfied
6 that --
7 (a) the delay was caused by reasons beyond the control of
8 the applicant; or
9 (b) other special circumstances warrant acceptance of the
10 application.
11 (3) If an application is accepted under subsection (2) after the
12 expiry of the registration --
13 (a) the registration is taken to have had effect on and from
14 the day immediately following its expiry until the Board
15 renews or refuses to renew the registration or the
16 applicant withdraws the application, unless the
17 registration is sooner suspended or cancelled; and
18 (b) the registration, if renewed, is taken to have been
19 renewed on the day immediately following its expiry.
20 (4) Payment of a late fee prescribed by or determined under the
21 regulations may, if the Board thinks fit, be required as a
22 condition of acceptance of an application under subsection (2).
23 16. Application for registration by a person whose registration
24 has been cancelled
25 (1) In this section --
26 disqualified person means a person whose registration has been
27 cancelled under section 58(1)(h).
28 (2) A disqualified person cannot apply for registration for a period
29 of 3 months after the cancellation of the person's registration.
30 (3) The Board cannot grant an application for registration by a
31 disqualified person unless the Board has applied for, and
page 13
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 1 Grant or renewal of registration
s. 17
1 obtained, the approval of the State Administrative Tribunal to
2 do so.
3 17. Registration of building service practitioners
4 (1) The Board must register, or renew the registration of, an
5 applicant as a building service practitioner in each class of
6 building service practitioner applied for if the Board is satisfied
7 that the applicant --
8 (a) has complied with sections 13 and 14; and
9 (b) has the qualifications and experience prescribed by the
10 regulations for that class of building service practitioner;
11 and
12 (c) is a fit and proper person to be registered; and
13 (d) has complied with any other requirements prescribed by
14 the regulations for registration as a building service
15 practitioner in that class.
16 (2) The Board must not register, or renew the registration of, an
17 applicant if --
18 (a) the requirements of subsection (1) are not met; or
19 (b) the applicant is an ineligible person.
20 18. Registration of building service contractors
21 (1) The Board must register, or renew the registration of, an
22 applicant as a building service contractor in each class of
23 building service contractor applied for if the Board is satisfied
24 that the applicant --
25 (a) has complied with sections 13 and 14; and
26 (b) satisfies the financial requirements, if any, prescribed by
27 the regulations for that class of building service
28 contractor; and
29 (c) satisfies the insurance requirements, if any, prescribed
30 by the regulations for that class of building service
31 contractor; and
page 14
Building Services (Registration) Bill 2010
Registration of building service providers Part 3
Grant or renewal of registration Division 1
s. 19
1 (d) on registration or renewal of registration, will have at
2 least one nominated supervisor for that class of building
3 service contractor; and
4 (e) has arrangements to ensure that building services to be
5 carried out by the applicant will be managed and
6 supervised in a proficient manner; and
7 (f) is not a body of which an ineligible person is an officer;
8 and
9 (g) has complied with any other requirements prescribed by
10 the regulations for registration as a building service
11 contractor in that class.
12 (2) The Board must not register, or renew the registration of, an
13 applicant if the requirements of subsection (1) are not met.
14 19. Notice of decision
15 (1) The Board must, as soon as is practicable after making a
16 decision under section 17 or 18, give to the person to whom the
17 decision relates written notice of the decision and, if the Board
18 refuses to grant or renew the registration of a person, the
19 person's right of review under section 64.
20 (2) If, on an application for registration, the Board decides that it
21 will not register the applicant the registration fee referred to in
22 section 13(3)(c)(ii) is to be returned to the applicant.
23 20. Registration certificate
24 (1) If the Board registers, or renews the registration of, an applicant
25 the Board must give the applicant a registration certificate in a
26 form approved by the Building Commissioner.
27 (2) In the absence of evidence to the contrary a registration
28 certificate is evidence that the person to whom the certificate is
29 issued is registered as specified in the certificate.
page 15
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 2 Nominated supervisors
s. 21
1 Division 2 -- Nominated supervisors
2 21. Nominated supervisor for building service contractor
3 (1) In this section --
4 eligible person, in relation to a class of building service
5 contractor, means a person who is a registered building service
6 practitioner in a class of building service practitioner prescribed
7 by the regulations for that class of contractor.
8 (2) A building service contractor who is an individual --
9 (a) must be an eligible person for each class of building
10 service contractor in which the contractor is registered;
11 and
12 (b) is the nominated supervisor for each class of building
13 service contractor in which the contractor is registered.
14 (3) A nominated supervisor for a building service contractor that is
15 a body is an officer or employee of the contractor who is --
16 (a) an eligible person for a class of building service
17 contractor in which the contractor is registered; and
18 (b) nominated by the contractor, by notice in writing to the
19 Board, as a supervisor for the contractor for that class of
20 building service contractor.
21 (4) A nomination referred to in subsection (3)(b) may be revoked or
22 varied by the building service contractor by notice in writing
23 given to the Board.
24 22. Effect of not having nominated supervisor
25 (1) In this section --
26 relevant building service, in relation to a class of building
27 service contractor, means a prescribed building service that a
28 contractor registered in that class of contractor is entitled to
29 carry out.
page 16
Building Services (Registration) Bill 2010
Registration of building service providers Part 3
Conditions on registration Division 3
s. 23
1 (2) A building service contractor registered in a class of building
2 service contractor must not carry out, or undertake to carry out,
3 a relevant building service during any period in which the
4 contractor does not have a nominated supervisor for that class of
5 building service contractor.
6 Penalty: a fine of $25 000.
7 (3) A building service contractor must give the Board written notice
8 if the contractor ceases to have a nominated supervisor for a
9 class of building service contractor in which the contractor is
10 registered.
11 Penalty: a fine of $10 000.
12 (4) The notice referred to in subsection (3) must be given to the
13 Board no later than 7 days after the contractor ceases to have a
14 nominated supervisor.
15 Division 3 -- Conditions on registration
16 23. Conditions generally
17 (1) Registration is subject to --
18 (a) any conditions imposed by the Board or the State
19 Administrative Tribunal; and
20 (b) any other conditions imposed under this Act.
21 (2) The regulations may provide for conditions of registration.
22 24. Conditions imposed by Board
23 (1) The Board may impose conditions on the registration of a
24 registered building service provider --
25 (a) when registering or renewing the registration; or
26 (b) during the currency of the registration.
27 (2) The Board may vary or revoke conditions imposed under this
28 section.
page 17
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 4 Amendment, suspension or cancellation of registration
s. 25
1 (3) The imposition, variation or revocation of a condition during the
2 currency of the registration of a person does not take effect until
3 written notice, including notice of the person's right of review
4 under section 64, has been given to the person.
5 25. Compliance with conditions
6 A registered building service provider must not contravene a
7 condition to which the provider's registration is subject.
8 Penalty: a fine of $25 000.
9 Division 4 -- Amendment, suspension or cancellation
10 of registration
11 26. When Board may amend, suspend or cancel registration
12 (1) The Board may --
13 (a) amend the registration of a registered building service
14 provider on the provider's request; or
15 (b) suspend the registration of a registered building service
16 provider and remove the name of the provider from the
17 register for a specified period on the provider's request;
18 or
19 (c) cancel the registration of a registered building service
20 provider and remove the name of the provider from the
21 register on the provider's request.
22 (2) Suspension of registration under subsection (1)(b) or
23 cancellation of registration under subsection (1)(c) may be in
24 relation to a provider's registration generally or in relation to
25 registration in a class or classes of building service practitioner
26 or building service contractor.
27 (3) The Board may amend the registration of a registered building
28 service provider --
29 (a) for a formal or clerical reason; or
page 18
Building Services (Registration) Bill 2010
Registration of building service providers Part 3
Amendment, suspension or cancellation of registration Division 4
s. 27
1 (b) in another way that does not adversely affect the
2 provider's interests.
3 (4) The amendment, suspension or cancellation of registration
4 under subsection (1) or (3) is effected by written notice given to
5 the provider.
6 (5) If the Board decides to refuse a request under subsection (1), the
7 Board must give the provider written notice of the decision, the
8 reasons for the decision and the person's right of review under
9 section 64.
10 27. Suspension of registration: effect
11 If, under section 26(1)(b) or 58(1)(g), the registration of a
12 person in a class of building service practitioner or building
13 service contractor is suspended, the person is to be taken to be
14 not registered in that class during the period of suspension.
15 28. Revocation of suspension
16 (1) The Board may, on the application of a person whose
17 registration is suspended, revoke the suspension.
18 (2) The revocation of a suspension under subsection (1) is effected
19 by written notice given to the applicant.
20 (3) If the Board decides to refuse an application under
21 subsection (1), the Board must give the applicant written notice
22 of the decision, the reasons for the decision and the person's
23 right of review under section 64.
24 (4) A person whose registration was suspended by the State
25 Administrative Tribunal may not apply for the suspension to be
26 revoked for a period of 3 months commencing on the day the
27 registration was suspended.
28 (5) The Board must not revoke a suspension imposed by the State
29 Administrative Tribunal unless the Board has applied for, and
30 obtained, the approval of the Tribunal to do so.
page 19
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 5 Register
s. 29
1 Division 5 -- Register
2 29. The register
3 (1) The Building Commissioner is to keep a register of persons who
4 are registered, or have been registered, under this Part.
5 (2) The register is to be kept in the manner and form determined by
6 the Building Commissioner.
7 (3) The register may have divisions relating to --
8 (a) different classes of building service practitioner; and
9 (b) different classes of building service contractor; and
10 (c) whether the person is a registered building service
11 provider or is no longer a registered building service
12 provider.
13 (4) The register must include the following particulars in respect of
14 each building service practitioner --
15 (a) the name of the practitioner;
16 (b) the business address of the practitioner;
17 (c) the registration number assigned to the practitioner's
18 registration certificate;
19 (d) each class of building service practitioner in which the
20 practitioner is registered;
21 (e) any conditions applying to the registration;
22 (f) details of any order made by the State Administrative
23 Tribunal under section 58(1) or 59(1) in respect of the
24 practitioner;
25 (g) such other information, if any, as is prescribed by the
26 regulations.
27 (5) The register must include the following particulars in respect of
28 each building service contractor --
29 (a) the name of the contractor;
30 (b) the business address of the contractor;
page 20
Building Services (Registration) Bill 2010
Registration of building service providers Part 3
Register Division 5
s. 30
1 (c) the registration number assigned to the contractor's
2 registration certificate;
3 (d) each class of building service contractor in which the
4 contractor is registered;
5 (e) the name of each nominated supervisor for the
6 contractor;
7 (f) any conditions applying to the registration;
8 (g) details of any order made by the State Administrative
9 Tribunal under section 58(1) in respect of the contractor;
10 (h) such other information, if any, as is prescribed by the
11 regulations.
12 (6) The register must include the following particulars in respect of
13 each person who is no longer a building service practitioner or a
14 building service contractor --
15 (a) the name of the person;
16 (b) each class of building service practitioner or building
17 service contractor in which the person was registered,
18 and the period for which the person was so registered.
19 30. Inspection of register
20 (1) The register must be available for inspection by members of the
21 public at the office of the Building Commissioner during normal
22 office hours.
23 (2) The register must be made available for inspection by members
24 of the public on a website maintained by the Building
25 Commissioner.
26 (3) A person may, on application to the Building Commissioner in
27 respect of the register or an entry in the register, and payment of
28 the fee prescribed by the regulations, if any, obtain a certified
29 copy of the register or the entry.
page 21
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 6 Offences in relation to registration
s. 31
1 (4) The Building Commissioner may publish, in the manner and at
2 the times determined by the Commissioner, a copy of the
3 register or any part of, or entry in, the register.
4 31. Board to provide register information
5 The Board is to provide to the Building Commissioner such
6 information as the Commissioner requires for the purpose of
7 keeping the register.
8 Division 6 -- Offences in relation to registration
9 32. Notification of change of address
10 (1) A registered building service provider must give the Board
11 written notice of any change to any of the addresses that are
12 recorded in the register in relation to the provider.
13 Penalty: a fine of $5 000.
14 (2) The notice referred to in subsection (1) must be given no later
15 than 14 days after the change to the address.
16 33. Notification of change in eligibility
17 (1) A registered building service provider must give the Board
18 written notice of any change to the circumstances of the
19 provider that affect the eligibility of the provider to remain
20 registered.
21 Penalty: a fine of $10 000.
22 (2) The notice referred to in subsection (1) must be given no later
23 than 7 days after the change in circumstances.
24 34. Notification of financial difficulty
25 (1) A building service contractor must give the Board written notice
26 if the contractor is unable to meet the contractor's financial
27 obligations as and when they fall due.
28 Penalty: a fine of $10 000.
page 22
Building Services (Registration) Bill 2010
Registration of building service providers Part 3
Offences in relation to registration Division 6
s. 35
1 (2) The notice referred to in subsection (1) must be given to the
2 Board no later than 7 days after the building service contractor
3 becomes aware that the contractor is unable to meet the
4 financial obligations.
5 (3) A registered building service provider must, no later than 7 days
6 after becoming an insolvent, give the Board written notice of the
7 insolvency.
8 Penalty: a fine of $10 000.
9 35. Notification of certain offences
10 (1) A registered building service provider must give the Board
11 written notice if the provider is charged with a serious offence.
12 Penalty: a fine of $5 000.
13 (2) A registered building service provider must give the Board
14 written notice if the provider is convicted of a serious offence.
15 Penalty: a fine of $5 000.
16 (3) A registered building service provider must give the Board
17 written notice if the provider is convicted of an offence against a
18 law of the Commonwealth or another jurisdiction in connection
19 with the provision of a building service.
20 Penalty: a fine of $5 000.
21 (4) Subsection (3) does not apply in respect of a conviction for an
22 offence against this Act.
23 (5) The notice referred to in subsections (1), (2) and (3) must be
24 given to the Board no later than 7 days after the conviction or
25 charge.
26 36. Notification of disciplinary action
27 (1) A registered building service provider who is registered or
28 licensed under an Act prescribed by the regulations must give
29 the Board written notice of any disciplinary action taken against
30 the provider under that Act.
31 Penalty: a fine of $5 000.
page 23
Building Services (Registration) Bill 2010
Part 3 Registration of building service providers
Division 6 Offences in relation to registration
s. 37
1 (2) The notice referred to in subsection (1) must be given to the
2 Board no later than 7 days after the disciplinary action is taken.
3 37. Return of registration certificate
4 (1) If a person's registration is --
5 (a) amended or suspended by the Board; or
6 (b) amended, cancelled or suspended by the State
7 Administrative Tribunal,
8 the person must return his or her registration certificate to the
9 Board no later than 14 days after the person is notified of the
10 amendment, suspension or cancellation.
11 Penalty: a fine of $5 000.
12 (2) The Board may direct in writing that a person is not obliged to
13 comply with subsection (1) and, in that case, the subsection
14 does not apply to that person.
15 (3) The Board must return the registration certificate to the person
16 as soon as practicable --
17 (a) if the registration is amended -- after amending the
18 registration certificate to reflect the amendment; or
19 (b) if the registration is suspended and is still current at the
20 end of the suspension period -- after the end of the
21 suspension period.
22 (4) It is a defence to a prosecution for an offence against
23 subsection (1) for the accused to show that the failure to return
24 the certificate was due to its loss or destruction.
page 24
Building Services (Registration) Bill 2010
Owner-builder approvals Part 4
Preliminary Division 1
s. 38
1 Part 4 -- Owner-builder approvals
2 Division 1 -- Preliminary
3 38. Terms used
4 In this Part --
5 building work means work for which a building permit is
6 required;
7 owner has the meaning given in section 39;
8 owner-builder, in relation to an owner-builder approval, means
9 a person to whom the owner-builder approval is granted;
10 owner-builder approval has the meaning given in section 40;
11 owner-builder work means building work for a building that is
12 of a kind prescribed by the regulations.
13 39. Meaning of owner
14 (1) In this Part --
15 owner, in relation to land, means a person --
16 (a) whose name is registered as a proprietor of the land; or
17 (b) who holds an interest in the land of a kind prescribed by
18 the regulations.
19 (2) The regulations may impose restrictions on the circumstances in
20 which a person will be treated as an owner for the purposes of
21 this Part.
22 40. When owner-builder approval may be applied for
23 (1) An owner may apply for approval under this Part
24 (owner-builder approval) before obtaining a building permit to
25 carry out owner-builder work on the owner's land if the owner
26 proposes to be named as the builder on the building permit.
27 (2) An owner-builder approval cannot be granted to an owner who
28 is not an individual.
page 25
Building Services (Registration) Bill 2010
Part 4 Owner-builder approvals
Division 2 Grant of approval
s. 41
1 41. Application by more than one person
2 If an application made under section 43 is signed by more than
3 one person, a reference in this Part to the applicant is a reference
4 to each of the persons (unless otherwise specified).
5 42. Approval issued to more than one person
6 If an owner-builder approval is granted jointly to more than one
7 person, a reference in this Part to an owner-builder is a
8 reference to each of the persons.
9 Division 2 -- Grant of approval
10 43. Application for owner-builder approval
11 (1) An individual who is the owner of land may apply to the Board
12 for approval to carry out owner-builder work on the land.
13 (2) The application must be --
14 (a) made in writing in a manner and form determined by the
15 Building Commissioner; and
16 (b) accompanied by --
17 (i) evidence that the applicant is the owner of the
18 land; and
19 (ii) evidence that the applicant or, if there is more
20 than one applicant, at least one of the applicants,
21 has sufficient knowledge of the duties and
22 responsibilities of an owner-builder; and
23 (iii) the fee, if any, prescribed by the regulations;
24 and
25 (c) signed by each owner of the land.
page 26
Building Services (Registration) Bill 2010
Owner-builder approvals Part 4
Grant of approval Division 2
s. 44
1 (3) For the purposes of subsection (2)(b)(ii) evidence that a
2 person --
3 (a) has successfully completed an owner-builder course
4 prescribed by the regulations within the period
5 prescribed by the regulations; or
6 (b) is a building service practitioner registered in a class of
7 building service practitioner prescribed by the
8 regulations for the purposes of this section,
9 is to be taken to be evidence that the person has sufficient
10 knowledge of the duties and responsibilities of an
11 owner-builder.
12 44. Further information
13 (1) The Board may, in writing, require an applicant under
14 section 43 to do any or all of the following --
15 (a) provide the Board with such further information as the
16 Board requires in any particular case;
17 (b) verify any further information by statutory declaration;
18 (c) provide the Board with the applicant's written consent to
19 seek information about the applicant relevant to the
20 application from another specified person.
21 (2) The Board may specify in the requirement a reasonable time
22 within which the applicant must comply with the requirement.
23 (3) The Board may refuse to consider an application if the applicant
24 does not comply with a requirement under subsection (1) within
25 the time specified in the requirement or, if no time is so
26 specified, within a reasonable time.
27 (4) The Board may, in writing, require the applicant to attend
28 before the Board for the purpose of satisfying the Board as to a
29 matter relevant to the application and, if the person fails to
30 attend, may refuse the application.
page 27
Building Services (Registration) Bill 2010
Part 4 Owner-builder approvals
Division 2 Grant of approval
s. 45
1 45. Decision on application for approval
2 (1) The Board must grant an owner-builder approval if it is satisfied
3 that --
4 (a) the applicant has complied with sections 43 and 44; and
5 (b) the application relates to owner-builder work on land
6 owned by the applicant; and
7 (c) the applicant or if there is more than one applicant, at
8 least one of the applicants, has sufficient knowledge of
9 the duties and responsibilities of an owner-builder; and
10 (d) in the 6 years preceding the application the applicant has
11 not been granted or issued with a building permit as an
12 owner-builder; and
13 (e) the applicant has complied with each other requirement
14 prescribed by the regulations for the grant of an
15 owner-builder approval.
16 (2) The Board may waive the requirement in subsection (1)(d) if the
17 Board is satisfied that --
18 (a) the building permit was to carry out owner-builder work
19 on the land to which the application relates; or
20 (b) the circumstances of the applicant have changed since
21 the building permit was issued and the applicant would
22 suffer hardship if the application were refused.
23 (3) Except as provided in subsection (2), the Board must not grant
24 an owner-builder approval to an applicant if the requirements of
25 subsection (1) are not met.
26 (4) An owner-builder approval is to be in a form approved by the
27 Building Commissioner.
28 (5) The Board must, if it refuses to grant an owner-builder approval
29 under subsection (1), or to waive the requirements under
30 subsection (2), give the applicant written notice of the decision,
31 the reasons for the decision and the person's right of review
32 under section 64.
page 28
Building Services (Registration) Bill 2010
Owner-builder approvals Part 4
Conditions on approval Division 3
s. 46
1 46. Duration of approval
2 (1) An owner-builder approval expires 6 months after the grant of
3 the approval unless subsection (2) applies.
4 (2) If, within the period of 6 months commencing on the grant of
5 the approval, the owner-builder applies for a building permit to
6 do building work on the land to which the approval relates, the
7 owner-builder approval expires --
8 (a) if the application is refused -- on the day on which the
9 application is refused; or
10 (b) if the building permit is granted -- on the day on which
11 the building permit ceases to have effect.
12 Division 3 -- Conditions on approval
13 47. Conditions of owner-builder approval
14 (1) An owner-builder approval is subject to --
15 (a) the condition that the owner-builder may only carry out
16 building work in respect of which there is a current
17 building permit; and
18 (b) any other conditions imposed by the Board; and
19 (c) any other conditions imposed under this Act.
20 (2) The regulations may provide for conditions of approval.
21 48. Conditions imposed by Board
22 (1) The Board may impose conditions on an owner-builder
23 approval --
24 (a) when granting the approval; or
25 (b) during the currency of the approval.
26 (2) The Board may vary or revoke conditions imposed under this
27 section.
page 29
Building Services (Registration) Bill 2010
Part 4 Owner-builder approvals
Division 4 Role of Board in respect of complaint about owner-builder
s. 49
1 (3) The imposition, variation or revocation of a condition during the
2 currency of an approval does not take effect until written notice,
3 including notice of the owner-builder's right of review under
4 section 64, is given to the owner-builder.
5 49. Compliance with conditions
6 An owner-builder must not contravene a condition that applies
7 to an owner-builder approval.
8 Penalty: a fine of $25 000.
9 Division 4 -- Role of Board in respect of complaint about
10 owner-builder
11 50. Grounds for cancellation of approval
12 The following are grounds for cancellation of an owner-builder
13 approval --
14 (a) the approval was granted because of incorrect or
15 misleading information;
16 (b) a condition to which the approval is subject has been
17 contravened;
18 (c) the Board becomes aware of the existence of facts that
19 would have allowed the Board to refuse to grant the
20 approval originally.
21 51. Board to decide what action to take in respect of complaint
22 forwarded by Building Commission
23 (1) The Board must consider --
24 (a) a complaint in relation to an owner-builder forwarded to
25 it by the Building Commissioner under the Building
26 Services (Complaint Resolution and Administration)
27 Act 2010; and
28 (b) any report and recommendations in respect of the
29 complaint given to the Board by the Building
30 Commissioner.
page 30
Building Services (Registration) Bill 2010
Owner-builder approvals Part 4
Role of Board in respect of complaint about owner-builder Division 4
s. 51
1 (2) The Board may, on consideration of a complaint under
2 subsection (1), decide --
3 (a) not to take any action; or
4 (b) to refer the complaint back to the Building
5 Commissioner for the purpose of commencing a
6 conciliation proceeding under the Building Services
7 (Complaint Resolution and Administration) Act 2010
8 Part 2 Division 3; or
9 (c) to refer the complaint back to the Building
10 Commissioner for investigation or further investigation;
11 or
12 (d) if the Board is satisfied that grounds for cancellation of
13 an owner-builder approval exist, to cancel the
14 owner-builder approval.
15 (3) The Board must, as soon as is practicable, but in any case no
16 later than 7 days after making a decision under this section, give
17 to the complainant, if any, and the respondent written notice of
18 the decision together with short particulars of the reasons for the
19 decision.
20 (4) A cancellation of an owner-builder approval is effected by
21 written notice to the owner-builder.
22 (5) The notice referred to in subsection (4) must include notice of
23 the person's right of review under section 64.
24 (6) The Board may notify any person who has authority to grant a
25 building permit that the Board has cancelled an owner-builder
26 approval if the Board considers that the person has a relevant
27 interest.
page 31
Building Services (Registration) Bill 2010
Part 5 Disciplinary matters -- registered building service providers
Division 1 Preliminary
s. 52
1 Part 5 -- Disciplinary matters -- registered building
2 service providers
3 Division 1 -- Preliminary
4 52. Application of Part
5 (1) This Part applies, with any necessary modifications, to a former
6 registered building service provider in relation to conduct
7 occurring while the person was a registered building service
8 provider in the same way as it applies to a person who is a
9 registered building service provider.
10 (2) Disciplinary action under this Part may be taken against a
11 building service practitioner who is or was the nominated
12 supervisor of a building service contractor whether or not such
13 disciplinary action has been taken against the building service
14 contractor.
15 53. Disciplinary matters
16 (1) The following are disciplinary matters --
17 (a) that after registration the registered building service
18 provider has been convicted --
19 (i) of a serious offence; or
20 (ii) of an offence against this Act, the Building
21 Services (Complaint Resolution and
22 Administration) Act 2010, the Building Act 2010,
23 the Local Government (Miscellaneous
24 Provisions) Act 1960 or the Home Building
25 Contracts Act 1991; or
26 (iii) if the provider is a building service contractor --
27 of any other offence the nature of which renders
28 the contractor unfit to carry out a prescribed
29 building service that the contractor is otherwise
30 entitled under section 11 to carry out;
page 32
Building Services (Registration) Bill 2010
Disciplinary matters -- registered building service providers Part 5
Preliminary Division 1
s. 53
1 (b) that the registered building service provider does not
2 satisfy one or more of the matters referred to in
3 section 17(1) or 18(1), as the case may be, that must be
4 satisfied if an application for registration or renewal of
5 registration is to be granted;
6 (c) that the registered building service provider has obtained
7 a registration certificate because of incorrect or
8 misleading information;
9 (d) that the registered building service provider has
10 contravened a condition of the provider's registration;
11 (e) that the registered building service provider has been
12 negligent or incompetent in connection with carrying
13 out a building service;
14 (f) that the registered building service provider, if a
15 building service contractor, has failed to ensure that a
16 building service carried out by the provider has been
17 properly managed and supervised;
18 (g) that the registered building service provider, if a
19 nominated supervisor, has not properly managed and
20 supervised a building service which he or she is
21 responsible for managing and supervising;
22 (h) that the registered building service provider has made
23 any statement or representation with respect to the
24 provision of finance or the terms and charges for the
25 provision of finance that is to the knowledge of the
26 provider false in a material particular, for the purpose of
27 inducing a person --
28 (i) to enter into a contract for the carrying out or
29 completion of a building service; or
30 (ii) to purchase land on which a building service has
31 been or is proposed to be carried out by the
32 provider, or by a building service contractor for
33 which the provider is a nominated supervisor or
34 employee;
page 33
Building Services (Registration) Bill 2010
Part 5 Disciplinary matters -- registered building service providers
Division 1 Preliminary
s. 53
1 (i) that the registered building service provider has engaged
2 in fraudulent conduct in connection with the carrying
3 out or completion of a building service;
4 (j) that the registered building service provider has engaged
5 in conduct that is harsh, unconscionable, oppressive,
6 misleading or deceptive in connection with --
7 (i) a contract for the carrying out or completion of a
8 building service or a variation of that contract; or
9 (ii) the carrying out or completion of a building
10 service;
11 (k) that the registered building service provider has failed to
12 comply with an undertaking given by the provider to the
13 Board or an order or direction of the Board;
14 (l) that the registered building service provider has failed to
15 comply with an order of the Board or the State
16 Administrative Tribunal under this Act or an order of
17 the Building Commissioner or the State Administrative
18 Tribunal under the Building Services (Complaint
19 Resolution and Administration) Act 2010;
20 (m) that an ineligible person is or has been involved in the
21 management of a registered building service provider
22 that is a building service contractor.
23 (2) A reference in subsection (1)(a) to a conviction includes --
24 (a) a finding of guilt, or the acceptance of a guilty plea,
25 whether or not a conviction is recorded; and
26 (b) a conviction before commencement of this section.
27 (3) A breach of a Commissioner code or a Commissioner standard
28 (as those terms are defined in the Building Services (Complaint
29 Resolution and Administration) Act 2010 section 95) does not of
30 itself constitute a disciplinary matter but, in any proceeding
31 under this Part, such a breach may be asserted and may be taken
32 into account in determining any question that arises in the
33 course of that proceeding.
page 34
Building Services (Registration) Bill 2010
Disciplinary matters -- registered building service providers Part 5
Interim disciplinary orders Division 2
s. 54
1 54. Relationship with other legislation
2 Nothing in this Part prevents a complaint from being made or an
3 investigation being initiated under the Building Services
4 (Complaint Resolution and Administration) Act 2010 Part 2,
5 about a matter to which this Part relates.
6 Division 2 -- Interim disciplinary orders
7 55. Interim disciplinary orders
8 If, at any time before a disciplinary order is made in respect of a
9 complaint about a disciplinary matter accepted by the Building
10 Commissioner under the Building Services (Complaint
11 Resolution and Administration) Act 2010 section 16, the Board
12 is of the opinion that --
13 (a) a registered building service provider has engaged in
14 conduct that is likely to constitute grounds for
15 suspension or cancellation of the building service
16 provider's registration; and
17 (b) it is likely that the provider will continue to engage in
18 conduct of that kind; and
19 (c) there is a risk that a person or persons may suffer
20 significant loss or damage as a result of the conduct of
21 the provider if immediate action is not taken,
22 the Board may by notice in writing --
23 (d) require the Building Commissioner to make an interim
24 disciplinary order under the Building Services
25 (Complaint Resolution and Administration) Act 2010
26 section 31; and
27 (e) specify the terms of the required order.
page 35
Building Services (Registration) Bill 2010
Part 5 Disciplinary matters -- registered building service providers
Division 3 Role of Board
s. 56
1 Division 3 -- Role of Board
2 56. Board to decide what action to take in respect of complaint
3 forwarded by Building Commissioner
4 (1) The Board must consider --
5 (a) a complaint in relation to a registered building service
6 provider forwarded to it by the Building Commissioner
7 under the Building Services (Complaint Resolution and
8 Administration) Act 2010; and
9 (b) any report and recommendations in respect of the
10 complaint given to the Board by the Building
11 Commissioner.
12 (2) The Board may, on consideration of a complaint under
13 subsection (1), decide --
14 (a) not to take any action; or
15 (b) to refer the complaint back to the Building
16 Commissioner for the purpose of commencing a
17 conciliation proceeding under the Building Services
18 (Complaint Resolution and Administration) Act 2010
19 Part 2 Division 3; or
20 (c) to refer the complaint back to the Building
21 Commissioner for investigation or further investigation;
22 or
23 (d) to take action under section 57; or
24 (e) to make an allegation about the complaint to the State
25 Administrative Tribunal.
26 (3) The Board must, as soon as is practicable, but in any case no
27 later than 14 days after making a decision under this section,
28 give to the complainant, if any, and the respondent written
29 notice of the decision together with short particulars of the
30 reasons for the decision.
page 36
Building Services (Registration) Bill 2010
Disciplinary matters -- registered building service providers Part 5
Role of Board Division 3
s. 57
1 57. Board may deal with certain complaints
2 (1) This section applies if --
3 (a) a complaint in relation to a registered building service
4 provider has been forwarded to the Board by the
5 Building Commissioner under the Building Services
6 (Complaint Resolution and Administration) Act 2010;
7 and
8 (b) the Board is satisfied that a disciplinary matter exists in
9 relation to the provider; and
10 (c) the Board is of the opinion that a proceeding before the
11 State Administrative Tribunal is not warranted by the
12 nature of the complaint; and
13 (d) the provider consents to the exercise of power by the
14 Board under this section.
15 (2) If this section applies, the Board may do one or more of the
16 following --
17 (a) order that the registration of the provider be amended;
18 (b) caution or reprimand the provider;
19 (c) require the provider to give an undertaking to the Board
20 for such period as is specified --
21 (i) in relation to the provider's future conduct as a
22 registered building service provider; or
23 (ii) to comply with such conditions as are specified
24 in relation to the carrying out of a building
25 service by the provider;
26 (d) order the provider to pay to the Building Commissioner
27 a fine of a specified amount not exceeding $5 000.
28 (3) The Board may, in addition to or instead of imposing one or
29 more of the penalties specified in subsection (2), order the
30 provider to pay to the Building Commissioner --
31 (a) such costs and expenses of or arising from the
32 Commissioner's investigation of the complaint; or
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Building Services (Registration) Bill 2010
Part 5 Disciplinary matters -- registered building service providers
Division 4 Proceedings in State Administrative Tribunal
s. 58
1 (b) such costs and expenses of or incidental to the
2 proceeding,
3 as the Board thinks fit.
4 (4) If action is taken under subsection (2) in relation to a complaint,
5 no further action is to be taken under this Part with respect to
6 the complaint.
7 (5) Where any penalty, costs or expenses are ordered to be paid
8 under this section the amount ordered to be paid is recoverable
9 in any court of competent jurisdiction as a debt due to the
10 Building Commissioner.
11 (6) The Board must give the complainant, if any, and the
12 respondent notice of a decision made under subsection (2) or (3)
13 together with short particulars of the reasons for the decision
14 and the right to apply for a review of the decision under
15 section 64.
16 Division 4 -- Proceedings in State Administrative Tribunal
17 58. Jurisdiction of State Administrative Tribunal
18 (1) If, in a proceeding commenced by an allegation under this Act,
19 the State Administrative Tribunal is satisfied that a disciplinary
20 matter exists in respect of a registered building service provider,
21 the Tribunal may do one or more of the following --
22 (a) decline to make an order under this section;
23 (b) order the Board to amend the registration of the
24 provider;
25 (c) caution or reprimand the provider;
26 (d) impose a condition on the registration of the provider, or
27 amend an existing condition;
28 (e) where the provider is a building service practitioner,
29 order that the provider undertake and complete a
30 specified further course of training or education;
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Building Services (Registration) Bill 2010
Disciplinary matters -- registered building service providers Part 5
Proceedings in State Administrative Tribunal Division 4
s. 59
1 (f) where the provider is a building service contractor, order
2 that a nominated supervisor of the provider undertake
3 and complete a specified further course of training or
4 education;
5 (g) order that the registration of the provider be suspended
6 for a period, not exceeding 2 years, specified in the
7 order;
8 (h) order that the provider's registration be cancelled and
9 name be removed from the register;
10 (i) if the Tribunal makes its finding on a ground referred to
11 in section 53(1)(c) to (m), order that the provider pay to
12 the Building Commissioner a penalty of a fine not
13 exceeding $25 000.
14 (2) An order referred to in subsection (1)(g) or (h) may be in
15 relation to a provider's registration generally or in relation to
16 registration in a class or classes of building service practitioner
17 or building service contractor specified in the order.
18 (3) If, in a proceeding commenced by an allegation under this Act
19 against a person who was a registered building service provider
20 when the disciplinary matter allegedly occurred but who is no
21 longer a registered building service provider, the State
22 Administrative Tribunal is of the opinion that a disciplinary
23 matter exists in respect of the person, the only powers that the
24 Tribunal may exercise are the powers in subsection (1)(a), (c)
25 and (i).
26 59. Disciplinary action against nominated supervisor or officer
27 of building service contractor
28 (1) If, in a proceeding under this Division, the registration of a
29 building service contractor is cancelled or suspended, the State
30 Administrative Tribunal may, if satisfied that it is appropriate to
31 do so --
32 (a) order that the registration as a building service
33 practitioner of a nominated supervisor of the contractor
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Building Services (Registration) Bill 2010
Part 5 Disciplinary matters -- registered building service providers
Division 4 Proceedings in State Administrative Tribunal
s. 60
1 be suspended for a period, not exceeding 2 years,
2 specified in the order; or
3 (b) order that the registration as a building service
4 practitioner of a nominated supervisor of the contractor
5 be cancelled and the practitioner's name be removed
6 from the register.
7 (2) An order referred to in subsection (1)(a) or (b) may be in
8 relation to a practitioner's registration generally or in relation to
9 registration in a class or classes of building service practitioner
10 specified in the order.
11 (3) If, in a proceeding under this Division, the State Administrative
12 Tribunal is of the opinion that a disciplinary matter referred to
13 in section 53(1)(c) to (f) or (h) to (m) exists in respect of a
14 building service contractor, the State Administrative Tribunal
15 may, instead of, or in addition to cancelling or suspending the
16 registration of the contractor, impose a fine not exceeding
17 $25 000 on one or more of the following persons --
18 (a) a nominated supervisor of the contractor;
19 (b) where the contractor is a partnership, a partner;
20 (c) where the contractor is a body corporate --
21 (i) a director of the body corporate;
22 (ii) a person who is concerned in the management of
23 the body corporate;
24 (d) where the contractor is an unincorporated body, a person
25 who is concerned in the management of the body.
26 60. Declaration of ineligible person
27 (1) If, in a proceeding under this Division, the State Administrative
28 Tribunal cancels or suspends the registration of a building
29 service contractor which is a body, the State Administrative
30 Tribunal may, if satisfied that it is appropriate to do so, make an
31 order declaring an officer of the contractor to be an ineligible
32 person.
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Building Services (Registration) Bill 2010
Disciplinary matters -- registered building service providers Part 5
Proceedings in State Administrative Tribunal Division 4
s. 61
1 (2) The order is to specify the period, not exceeding 3 years, for
2 which the officer is an ineligible person.
3 (3) An order made under this section may be varied or revoked by
4 the State Administrative Tribunal on application by the person
5 declared to be an ineligible person.
6 61. State Administrative Tribunal to provide information to
7 Building Commissioner
8 The State Administrative Tribunal must provide to the Building
9 Commissioner sufficient information to enable the
10 Commissioner to exercise the Commissioner's functions under
11 section 29(4) and (5) in respect of the register.
12 62. Board may notify certain persons if registration suspended
13 or cancelled
14 The Board may notify any person who has authority to grant a
15 building permit that the registration of a building service
16 provider is suspended or cancelled under this Division if the
17 Board considers that the person has a relevant interest.
18 63. Other remedies not affected
19 This Division does not affect any other remedy available to the
20 owner of a building or a person for whom building work is
21 carried out.
page 41
Building Services (Registration) Bill 2010
Part 6 Review
s. 64
1 Part 6 -- Review
2 64. Review by State Administrative Tribunal of certain
3 decisions
4 (1) In this section --
5 reviewable decision means a decision of the Board --
6 (a) to refuse to grant or renew the registration of a building
7 service provider under section 17 or 18; or
8 (b) to impose conditions on the registration of a building
9 service provider under section 24(1); or
10 (c) to refuse to amend, suspend or cancel the registration of
11 a building service provider under section 26(1); or
12 (d) to refuse to revoke the suspension of the registration of a
13 building service provider under section 28(1); or
14 (e) to refuse to grant an owner-builder approval under
15 section 45; or
16 (f) to impose conditions on an owner-builder approval
17 under section 48(1); or
18 (g) to cancel an owner-builder approval under section 51; or
19 (h) to take action under section 57(2) or (3).
20 (2) A person aggrieved by a reviewable decision may apply to the
21 State Administrative Tribunal for a review of the decision.
page 42
Building Services (Registration) Bill 2010
Building Services Board Part 7
Establishment Division 1
s. 65
1 Part 7 -- Building Services Board
2 Division 1 -- Establishment
3 65. Board established
4 A body called the Building Services Board is established.
5 66. Status
6 The Board is an agent of the State and has the status, immunities
7 and privileges of the State.
8 67. Membership of Board
9 (1) In this section --
10 occupation group means classes of registered building service
11 providers prescribed by the regulations as comprising an
12 occupation group.
13 (2) The Board consists of the following members appointed by the
14 Minister --
15 (a) a member designated by the Minister as chairperson of
16 the Board;
17 (b) 2 members each of whom has knowledge of and
18 experience in representing the interests of consumers;
19 (c) for each occupation group -- 2 members each of whom
20 has experience as a registered building service provider
21 in a class comprising that group.
22 (3) The Minister is to designate a member appointed under
23 subsection (2)(b) or (c) to be the deputy chairperson of the
24 Board.
25 68. Remuneration and allowances
26 A member of the Board, or of a committee, is entitled to be paid
27 such remuneration and allowances (if any) as the Minister, on
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Building Services (Registration) Bill 2010
Part 7 Building Services Board
Division 2 Functions and powers
s. 69
1 the recommendation of the Public Sector Commissioner,
2 determines from time to time.
3 Division 2 -- Functions and powers
4 69. Functions
5 The functions of the Board are as follows --
6 (a) to perform the functions that are conferred on the Board
7 under this Act or any other Act;
8 (b) to advise the Minister and the Building Commissioner
9 on matters to which this Act applies.
10 70. Powers
11 The Board has all the powers it needs to perform its functions.
12 71. Delegation by Board
13 (1) The Board may delegate any power or duty of the Board under
14 another provision of this Act, other than a power or duty
15 conferred on the Board under a provision referred to in the
16 Table --
17 (a) to a member of the Board; or
18 (b) to a committee; or
19 (c) to the Building Commissioner; or
20 (d) with the consent of the CEO, to an officer or employee
21 employed in the Department.
22 Table
s. 24 s. 26
s. 56
23 (2) The delegation must be in writing executed by the Board.
24 (3) A person or committee to whom a power or duty is delegated
25 under this section cannot delegate that power or duty.
page 44
Building Services (Registration) Bill 2010
Building Services Board Part 7
Staff and services Division 3
s. 72
1 (4) A person or committee exercising or performing a power or
2 duty that has been delegated to the person or committee under
3 this section is to be taken to do so in accordance with the terms
4 of the delegation unless the contrary is shown.
5 (5) Nothing in this section limits the ability of the Board to perform
6 a function through an agent.
7 Division 3 -- Staff and services
8 72. Staff and services
9 (1) The Building Commissioner is to arrange for the Board to be
10 provided with --
11 (a) staff, systems and other resources and support; and
12 (b) services and facilities,
13 to assist in the performance of the functions of the Board and its
14 committees.
15 (2) For the purposes of subsection (1) the Building Commissioner
16 may, with the consent of the CEO, arrange for the Board to
17 make use, either full-time or part-time of --
18 (a) the services of any officer or employee employed in the
19 Department; and
20 (b) any services or facilities of the Department.
21 Division 4 -- Relationship of Board with Minister
22 73. Directions by Minister
23 (1) Subject to subsection (2), the Minister may give written
24 directions to the Board with respect to the performance of its
25 functions, either generally or in relation to a particular matter,
26 and the Board is to give effect to any such direction.
27 (2) The Minister must not under subsection (1) direct the Board
28 with respect to the performance of its functions in respect of --
29 (a) a particular person; or
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Building Services (Registration) Bill 2010
Part 7 Building Services Board
Division 4 Relationship of Board with Minister
s. 74
1 (b) a particular application, complaint or proceeding.
2 (3) The text of a direction given under subsection (1) must be
3 included in the annual report of the Department.
4 74. Minister to have access to information
5 (1) In this section --
6 document includes any tape, disk or other device or medium on
7 which information is recorded or stored;
8 information means information specified, or of a description
9 specified, by the Minister that relates to the functions of the
10 Board.
11 (2) The Minister is entitled --
12 (a) to have information in the possession of the Board; and
13 (b) if the information is in or on a document, to have, and
14 make and retain copies of, that document.
15 (3) For the purposes of subsection (2) the Minister may --
16 (a) request the Board to furnish information to the Minister;
17 and
18 (b) request the Board to give the Minister access to
19 information; and
20 (c) for the purposes of paragraph (b) make use of the
21 services of any officer or employee employed in the
22 Department to obtain the information and furnish it to
23 the Minister.
24 (4) The Board is to comply with a request under subsection (3) and
25 the CEO is to arrange for his or her staff and facilities to be
26 available to the Minister for the purposes of subsection (3)(c).
27 (5) The Minister is not entitled to have information under this
28 section in a form that --
29 (a) discloses the identity of a person involved in a particular
30 application, complaint, investigation or other
31 proceeding; or
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Building Services (Registration) Bill 2010
Building Services Board Part 7
Constitution and proceedings of the Board Division 5
s. 75
1 (b) might enable the identity of any such person to be
2 ascertained,
3 unless that person has consented to the disclosure.
4 Division 5 -- Constitution and proceedings of the Board
5 Subdivision 1 -- General provisions
6 75. Term of office
7 (1) Subject to section 76, a member of the Board holds office for
8 the term, not exceeding 3 years, that is specified in the
9 member's instrument of appointment.
10 (2) A member of the Board is eligible for reappointment.
11 (3) A member of the Board whose term of office expires without a
12 person having been appointed to fill the vacancy continues in
13 office (unless under section 76 the person resigns or is removed
14 from office) until whichever of the following occurs first --
15 (a) a person is appointed to fill the vacancy;
16 (b) a period of 3 months elapses after the expiry of the term
17 of office.
18 (4) A member of the Board ceases to be a member if the occupation
19 group for which the member was appointed under section 67
20 ceases to exist.
21 76. Casual vacancies
22 (1) A member of the Board may at any time resign from office by
23 notice in writing delivered to the Minister.
24 (2) The Minister may remove a member of the Board from office
25 on the grounds of --
26 (a) mental or physical incapacity to carry out the person's
27 duties in a satisfactory manner; or
28 (b) the person being an insolvent; or
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Building Services (Registration) Bill 2010
Part 7 Building Services Board
Division 5 Constitution and proceedings of the Board
s. 77
1 (c) the person being convicted of a serious offence; or
2 (d) absence, without leave, from 3 consecutive meetings of
3 the Board of which the member has had notice; or
4 (e) neglect of duty; or
5 (f) misconduct.
6 (3) The office of a member becomes vacant if, before the term for
7 which the person holding the office was appointed expires, the
8 person dies or resigns or is removed from office.
9 77. Deputy chairperson acting as chairperson
10 (1) The deputy chairperson is to perform the functions of the
11 chairperson --
12 (a) when the chairperson is unable to act because of illness,
13 absence or other cause; or
14 (b) during any vacancy in the office of chairperson.
15 (2) An act or omission of the deputy chairperson acting in the place
16 of the chairperson is not to be questioned on the ground that the
17 occasion for acting had not arisen or had ceased.
18 78. Alternate members
19 (1) If a member of the Board other than the chairperson is unable to
20 act because of illness, absence or other cause, the Minister may
21 appoint another person as an alternate member to act
22 temporarily in the member's place.
23 (2) If the deputy chairperson is acting in place of the chairperson at
24 a meeting, the Minister may appoint another person to act in his
25 or her place as alternate member.
26 (3) While acting in accordance with the appointment the alternate
27 member is to be taken to be, and to have any entitlement of, a
28 member.
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Building Services (Registration) Bill 2010
Building Services Board Part 7
Constitution and proceedings of the Board Division 5
s. 79
1 (4) An act or omission of an alternate member is not to be
2 questioned on the ground that the occasion for the appointment
3 or acting had not arisen or had ceased.
4 79. Holding meetings
5 (1) The first meeting of the Board is to be convened by the
6 chairperson and subsequent meetings, unless convened under
7 subsection (2), are to be held at times and places determined by
8 the Board.
9 (2) A special meeting of the Board may at any time be convened by
10 the chairperson.
11 80. Quorum
12 Without otherwise affecting the Interpretation Act 1984
13 section 54(2), less than half of the number of members does not
14 constitute a quorum of the Board.
15 81. Presiding at meetings
16 (1) The chairperson, if present, is to preside at a meeting of the
17 Board.
18 (2) If neither the chairperson, nor the deputy chairperson acting as
19 the chairperson, is presiding under subsection (1) the members
20 present at the meeting are to appoint one of their number to
21 preside.
22 82. Procedure at meetings
23 The Board is to determine its own meeting procedures to the
24 extent that they are not fixed by this Act.
25 83. Voting
26 (1) At a meeting of the Board, each member present has a
27 deliberative vote unless section 90 prevents the member from
28 voting.
page 49
Building Services (Registration) Bill 2010
Part 7 Building Services Board
Division 5 Constitution and proceedings of the Board
s. 84
1 (2) A question is resolved according to how a majority of the votes
2 are cast but if there is not a majority the question is resolved
3 according to the casting vote of the person presiding.
4 84. Inviting consultant to participate in meeting
5 The Board may arrange for a person who is not a member to
6 participate in a meeting in a consultative capacity, but that
7 person is not entitled to vote at the meeting.
8 85. Holding meetings remotely
9 The presence of a person at a meeting of the Board need not be
10 by attendance in person but may be by that person and each
11 other person at the meeting being simultaneously in contact by
12 telephone or other means of instantaneous communication.
13 86. Resolution without meeting
14 A resolution in writing signed or assented to by letter, facsimile,
15 email or other similar means by at least half of the number of
16 members of the Board has the same effect as if it had been
17 passed at a meeting of the Board.
18 87. Minutes
19 The Board is to cause accurate minutes to be kept of the
20 proceedings at each of its meetings and each meeting of its
21 committees.
22 88. Committees
23 (1) The Board may appoint committees to assist it to perform its
24 functions, and may discharge or alter any committee it has
25 appointed.
26 (2) A committee may include people who are not members of the
27 Board but must include at least one member of the Board.
page 50
Building Services (Registration) Bill 2010
Building Services Board Part 7
Constitution and proceedings of the Board Division 5
s. 89
1 (3) The Board may give directions to a committee on the following
2 matters --
3 (a) the functions to be performed by the committee;
4 (b) the procedures of the committee;
5 (c) reporting by the committee on the performance of its
6 functions.
7 (4) A committee must comply with a direction of the Board.
8 (5) A committee may determine its own procedures but they must
9 be consistent with any directions of the Board and the terms of
10 any delegation under which the committee is acting.
11 Subdivision 2 -- Disclosure of interests
12 89. Disclosure of interest
13 (1) A member of the Board who has a material personal interest in a
14 matter being considered or about to be considered by the Board
15 must, as soon as possible after the relevant facts have come to
16 the member's knowledge, disclose the nature of the interest at a
17 meeting of the Board.
18 Penalty: a fine of $25 000.
19 (2) A member of a committee who has a material personal interest
20 in a matter being considered or about to be considered by the
21 committee must, as soon as possible after the relevant facts have
22 come to the member's knowledge, disclose the nature of the
23 interest at a meeting of the committee.
24 Penalty: a fine of $25 000.
25 (3) Subsection (2) applies to a person who is a member of the
26 committee and also a member of the Board even though the
27 person has already disclosed the nature of the interest at a
28 meeting of the Board.
29 (4) A disclosure under subsection (1) or (2) is to be recorded in the
30 minutes of the meeting.
page 51
Building Services (Registration) Bill 2010
Part 7 Building Services Board
Division 5 Constitution and proceedings of the Board
s. 90
1 90. Voting by interested Board member
2 (1) A member who has a material personal interest in a matter that
3 is being considered by the Board --
4 (a) must not vote, whether at a meeting or otherwise, on the
5 matter; and
6 (b) must not be present while the matter is being considered
7 at a meeting.
8 (2) A reference in subsection (1)(a) or (b) to a matter includes a
9 reference to a proposed resolution under section 91 in respect of
10 the matter, whether relating to that member or a different
11 member.
12 91. Section 90 may be declared inapplicable
13 Section 90 does not apply if the Board has at any time passed a
14 resolution that --
15 (a) specifies the member, the interest and the matter; and
16 (b) states that the members voting for the resolution are
17 satisfied that the interest should not disqualify the
18 member from considering or voting on the matter.
19 92. Quorum where section 90 applies
20 (1) Despite section 80, if the Board is dealing with a matter in
21 relation to which a member is disqualified under section 90, a
22 quorum is present during the consideration of the matter if at
23 least half the number of members who are entitled to vote on
24 any motion that may be moved at the meeting in relation to the
25 matter are present.
26 (2) The Minister may deal with a matter in so far as the Board
27 cannot deal with it because of subsection (1).
page 52
Building Services (Registration) Bill 2010
Building Services Board Part 7
General Division 6
s. 93
1 93. Minister may declare sections 90 and 92 inapplicable
2 (1) The Minister may by writing declare that section 90 or 92 or
3 both of them do not apply in relation to a specified matter either
4 generally or in voting on particular resolutions.
5 (2) The Minister must, within 14 sitting days after a declaration
6 under subsection (1) is made, cause a copy of the declaration to
7 be laid before each House of Parliament.
8 Division 6 -- General
9 94. Information to be provided to Building Commissioner
10 annually
11 The Board is to provide to the Building Commissioner as soon
12 as is practicable after 30 June in each year the following
13 information in respect of the year ending on that day (the report
14 year) --
15 (a) the number, nature and outcome, of complaints
16 forwarded to the Board by the Building Commissioner;
17 (b) the number, nature and outcome, of matters that have
18 been brought before the State Administrative Tribunal
19 by the Board during the report year;
20 (c) the number and nature of matters referred to in
21 paragraphs (a) and (b) that are outstanding;
22 (d) any trends or special problems that have emerged;
23 (e) forecasts of the workload of the Board in the year after
24 the report year;
25 (f) any proposals for improving the operation of the Board.
26 95. Moneys to be credited to Building Services Account
27 The Building Services Account is to be credited with the
28 following --
29 (a) fees and other moneys paid or recovered under this Act;
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Building Services (Registration) Bill 2010
Part 7 Building Services Board
Division 6 General
s. 96
1 (b) any fine imposed under section 57(2)(d), 58(1)(i)
2 or 59(3);
3 (c) any costs or expenses ordered to be paid under
4 section 57(3).
5 96. Execution of documents by the Board
6 (1) A document is duly executed by the Board if it is signed on
7 behalf of the Board by a person or persons authorised to do so
8 under subsection (2).
9 (2) The Board may --
10 (a) authorise one or more of its members; or
11 (b) authorise the Building Commissioner; or
12 (c) with the consent of the CEO, authorise any officer or
13 employee employed in the Department,
14 to sign documents on behalf of the Board, either generally or
15 subject to the conditions that are specified in the authorisation.
16 (3) A document purporting to be executed in accordance with this
17 section is to be presumed to be duly executed until the contrary
18 is shown.
page 54
Building Services (Registration) Bill 2010
General provisions Part 8
s. 97
1 Part 8 -- General provisions
2 97. Offences by bodies corporate -- liability of directors and
3 others
4 (1) In this section --
5 offence means an offence under this Act.
6 (2) If a body corporate is charged with an offence, each person who
7 was an officer of the body corporate at the time of the alleged
8 offence may also be charged with the offence.
9 (3) If a body corporate and an officer are charged as permitted by
10 subsection (2) and the body corporate is found guilty of the
11 offence, the officer is taken to have also committed the offence,
12 subject to subsection (6).
13 (4) If a body corporate commits an offence, then although the body
14 corporate is not charged with the offence, each person who was
15 an officer of the body corporate at the time of the offence may
16 be charged with the offence.
17 (5) If an officer is charged as permitted by subsection (4) and it is
18 proved that the body corporate committed the offence, the
19 officer is taken to have committed the offence, subject to
20 subsection (6).
21 (6) If under this section an officer is charged with an offence, it is a
22 defence to prove that --
23 (a) the offence was committed without the officer's consent
24 or connivance; and
25 (b) the officer took all measures to prevent the commission
26 of the offence that he or she could reasonably be
27 expected to have taken, having regard to the officer's
28 functions and to all the circumstances.
page 55
Building Services (Registration) Bill 2010
Part 8 General provisions
s. 98
1 98. Protection from liability
2 (1) An action in tort does not lie against a person for anything that
3 the person has done, in good faith, in the performance or
4 purported performance of a function under this Act.
5 (2) The protection given by subsection (1) applies even though the
6 thing done as described in that subsection may have been
7 capable of being done whether or not this Act had been enacted.
8 (3) Despite subsection (1), the State is not relieved of any liability
9 that it might have for another person having done anything as
10 described in that subsection.
11 (4) In this section, a reference to the doing of any thing includes a
12 reference to the omission to do any thing.
13 99. False or misleading information
14 A person must not, in relation to an application under this Act or
15 the compliance, or purported compliance, with any requirement
16 under this Act to give the Board advice or information --
17 (a) make a statement which the person knows is false or
18 misleading in a material particular; or
19 (b) make a statement which is false or misleading in a
20 material particular, with reckless disregard as to whether
21 or not the statement is false or misleading in a material
22 particular; or
23 (c) provide, or cause to be provided, information that the
24 person knows is false or misleading in a material
25 particular; or
26 (d) provide, or cause to be provided, information that is
27 false or misleading in a material particular, with reckless
28 disregard as to whether the information is false or
29 misleading in a material particular.
30 Penalty: a fine of $25 000.
page 56
Building Services (Registration) Bill 2010
General provisions Part 8
s. 100
1 100. Confidentiality of information
2 (1) This section applies to a person who is or has been engaged in
3 the performance of functions in the administration of this Act.
4 (2) A person to whom this section applies must not, directly or
5 indirectly, disclose or make use of information obtained by
6 reason of being a person to whom this section applies except --
7 (a) for the purpose of, or in connection with, performing a
8 function under this Act or another written law; or
9 (b) as required or allowed under this Act or another written
10 law; or
11 (c) with the written consent of the person to whom the
12 information relates; or
13 (d) for the purpose of investigation of a suspected offence
14 or the conduct of proceedings against a person arising
15 out of the administration of this or another written law;
16 or
17 (e) in other circumstances, if any, prescribed by the
18 regulations.
19 Penalty: a fine of $25 000.
20 (3) Subsection (2) does not apply to the disclosure or use of
21 statistical or other information that could not reasonably be
22 expected to lead to the identification of any person to whom it
23 relates.
24 101. When a prosecution can be commenced
25 A prosecution for an offence against this Act may be
26 commenced within 3 years after the date on which the offence
27 was allegedly committed, but not later.
28 102. Prosecutions
29 (1) A prosecution for an offence against this Act may be
30 commenced by, and only by, the Building Commissioner or a
31 person authorised to do so by the Building Commissioner.
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1 (2) Subsection (1) does not limit the functions of the Director of
2 Public Prosecutions under the Director of Public Prosecutions
3 Act 1991 section 11.
4 (3) All prosecutions for offences against this Act must be heard in a
5 court of summary jurisdiction constituted by a magistrate.
6 103. Evidentiary matters
7 (1) In the absence of evidence to the contrary, proof is not required
8 in any proceeding for an offence against this Act --
9 (a) that the prosecutor is authorised to commence the
10 prosecution; or
11 (b) that a signature on a prosecution notice alleging the
12 offence is the signature of a person authorised to
13 commence the prosecution.
14 (2) In the absence of evidence to the contrary, in a proceeding for
15 an offence against this Act --
16 (a) an allegation in the prosecution notice of any of the
17 following matters is taken to be proved --
18 (i) that specified persons constituted the Board on a
19 specified date;
20 (ii) that a specified resolution, order or act was
21 passed, made or done by the Board on a specified
22 date;
23 (iii) that at a specified time a person was or was not
24 registered under this Act in a specified class of
25 building service practitioner or building service
26 contractor;
27 (iv) that at a specified time a person's registration
28 was subject to specified conditions;
29 (v) that a person's registration in a specified class of
30 building service practitioner or building service
31 contractor was suspended on any day or during
32 any specified period;
33 and
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1 (b) a copy of or extract from the register or any statement
2 that purports to reproduce matters entered in the register
3 that is certified by the Building Commissioner as a true
4 copy, extract or statement, is evidence of the facts
5 appearing in that copy, extract or statement; and
6 (c) judicial notice is to be taken of the fact that a person is
7 the holder of the office of Building Commissioner and
8 of the signature of the Building Commissioner on a
9 certificate purporting to be issued under paragraph (b).
10 (3) In subsection (2) --
11 specified means specified in the prosecution notice.
12 (4) This section is in addition to and does not affect the operation of
13 the Evidence Act 1906.
14 104. Regulations
15 (1) The Governor may make regulations prescribing all matters that
16 are required or permitted by this Act to be prescribed, or are
17 necessary or convenient to be prescribed, for giving effect to
18 this Act.
19 (2) Without limiting subsection (1) regulations may be made for all
20 or any of the following purposes --
21 (a) regulating the meetings and proceedings of, and the
22 conduct of business by, the Board;
23 (b) providing for registration, including applications for,
24 and the amendment or renewal of, registration;
25 (c) maintaining the accuracy of the register;
26 (d) regulating the issue, display and use of certificates of
27 registration;
28 (e) regulating the display on land of signs indicating that a
29 building service is being carried out by a building
30 service contractor on the land;
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1 (f) regulating the display on land of signs indicating that
2 building work is being carried out by an owner-builder
3 on the land;
4 (g) prescribing returns and notices that are to be given to the
5 Board, and the manner in which they are to be given;
6 (h) providing that information supplied to the Board may be
7 required to be verified by statutory declaration.
8 (3) The regulations may provide that contravention of a regulation
9 is an offence, and provide, for an offence against the
10 regulations, a penalty not exceeding a fine of $5 000.
11 105. Review of Act
12 (1) The Minister is to carry out a review of the operation and
13 effectiveness of this Act as soon as practicable after --
14 (a) the fifth anniversary of its commencement; and
15 (b) the expiry of each 5 yearly interval after that
16 anniversary.
17 (2) The Minister is to prepare a report based on the review and, as
18 soon as is practicable after the report is prepared, cause it to be
19 laid before each House of Parliament.
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1 Part 9 -- Repeal, savings, transitional and
2 other provisions
3 Division 1 -- General
4 106. Interpretation Act 1984 not affected
5 Except where the contrary intention appears, this Part does not
6 prejudice or affect the application of the Interpretation Act 1984
7 to or in relation to the repeals effected by sections 107 and 108.
8 Division 2 -- Repeal
9 107. Builders' Registration Act 1939 repealed
10 The Builders' Registration Act 1939 is repealed.
11 108. Painters' Registration Act 1961 repealed
12 The Painters' Registration Act 1961 is repealed.
13 109. Builders' Registration Regulations repealed
14 The Builders' Registration Regulations are repealed.
15 110. Painters' Registration (Infringement Notices)
16 Regulations 2006 repealed
17 The Painters' Registration (Infringement Notices)
18 Regulations 2006 are repealed.
19 111. Painters' Registration Board Rules 1962 repealed
20 The Painters' Registration Board Rules 1962 are repealed.
21 112. Local Government (Building Surveyors) Regulations 2008
22 repealed
23 The Local Government (Building Surveyors) Regulations 2008
24 are repealed.
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1 Division 3 -- Savings and transitional matters
2 Subdivision 1 -- Builders
3 113. Terms used
4 In this Subdivision --
5 assets means any legal or equitable estate or interest (whether
6 present or future, whether vested or contingent and whether
7 personal or assignable) in real or personal property of any
8 description (including money) and includes securities, choses in
9 action and documents;
10 commencement day means the day on which section 107 comes
11 into operation;
12 former board means the Builders' Registration Board of
13 Western Australia constituted under section 5(1) of the repealed
14 Act;
15 repealed Act means the Builders' Registration Act 1939.
16 114. Registration continues
17 (1) An individual who immediately before commencement day was
18 registered under section 9A(1) or 10(1) of the repealed Act is to
19 be taken to be registered --
20 (a) under section 17 in a class of building service
21 practitioner determined in accordance with the
22 regulations; and
23 (b) under section 18 in a class of building service contractor
24 determined in accordance with the regulations,
25 for the period commencing on commencement day and ending
26 on 1 February immediately following commencement day
27 subject to the same conditions as applied to that person's
28 registration under the repealed Act.
29 (2) A body which immediately before commencement day was
30 registered under section 10(2) of the repealed Act is to be taken
31 to be registered under section 18 in a class of building service
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1 contractor determined in accordance with the regulations for a
2 period commencing on commencement day and ending on
3 1 February immediately following commencement day subject
4 to the same conditions as applied to that person's registration
5 under that Act.
6 (3) A person who immediately before commencement day was
7 listed in the register of builders referred to in section 9(1) of the
8 repealed Act as a supervisor for a body that is to be taken under
9 subsection (2) to be registered as a building service contractor in
10 a class of building service contractor is to be taken to have been
11 nominated by the contractor on commencement day as a
12 supervisor for that class of building service contractor.
13 (4) A person who immediately before commencement day was
14 deemed to be a journeyman builder under section 10A of the
15 repealed Act is to be taken to be registered --
16 (a) under section 17 in a class of building service
17 practitioner determined in accordance with the
18 regulations; and
19 (b) under section 18 in a class of building service contractor
20 determined in accordance with the regulations,
21 for the period commencing on commencement day and ending
22 on 1 February immediately following commencement day
23 subject to the same conditions as applied to that person's
24 registration under the repealed Act.
25 115. Existing applications for registration
26 (1) An application for registration made under section 9A or 10 of
27 the repealed Act before commencement day that has not been
28 finally determined before commencement day is to be dealt with
29 and determined under the repealed Act as if that Act had not
30 been repealed.
31 (2) For the purposes of subsection (1) --
32 (a) a reference in the repealed Act to the former board is to
33 be taken to be a reference to the Board; and
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1 (b) a reference in the repealed Act to the registrar of the
2 former board is to be taken to be a reference to the
3 Building Commissioner.
4 (3) A person who is registered on the determination of an
5 application to which subsection (1) applies is to be taken to have
6 been registered immediately before commencement day.
7 116. Allegations of cause for disciplinary action made by former
8 Board
9 A proceeding commenced by an allegation under section 12D of
10 the repealed Act before commencement day is to be continued
11 and dealt with as if it were a proceeding commenced by an
12 allegation made by the Board under this Act.
13 117. Disciplinary action: persons registered under repealed Act
14 (1) Part 5 and the Building Services (Complaint Resolution and
15 Administration) Act 2010 Part 2 Division 2 apply, with any
16 necessary modifications, to a person who was registered under
17 section 9A(1), 10(1) or (2) or 10A of the repealed Act in
18 relation to conduct occurring while the person was registered
19 under that Act in the same way that they apply to a person who
20 is a registered building service provider.
21 (2) However, subsection (1) applies only to the extent that the
22 conduct amounts to a proper cause for disciplinary action
23 referred to in section 13 of the repealed Act.
24 118. Devolution of assets and liabilities of former board
25 (1) On and after commencement day --
26 (a) the assets and rights of the former board that were
27 immediately before that day vested in the board vest in
28 the State by force of this section; and
29 (b) the liabilities of the former board (including a share of a
30 liability) immediately before that day become, by force
31 of this section, the liabilities of the State; and
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1 (c) any proceeding or remedy that immediately before that
2 day might have been brought or continued by or
3 available against or to the former board may be brought
4 or continued and are available, by or against or to the
5 Building Commissioner; and
6 (d) all records and data of the former board pass to the
7 Building Commissioner.
8 (2) Moneys vested in the State under subsection (1)(a) are to be
9 held to the credit of the Building Services Account.
10 (3) The proceeds of the sale of any assets vested in the State under
11 subsection (1)(a) are to be paid into the Building Services
12 Account.
13 (4) Liabilities taken over by the State under subsection (1)(b) are to
14 be paid from the Building Services Account.
15 119. Members of former board
16 A member of the former board ceases to be a member on
17 commencement day.
18 120. Staff of former board
19 (1) In this section --
20 staff member of the former board means a person who,
21 immediately before commencement day, was the registrar or
22 other employee of the former board appointed under
23 section 7(1) of the repealed Act.
24 (2) On commencement day, each staff member of the former board
25 is to be employed in the Department.
26 (3) Except as otherwise agreed by a staff member of a former
27 board, the operation of this section does not --
28 (a) affect the staff member's pay, as that term is defined in
29 the Public Sector Management (Redeployment and
30 Redundancy) Regulations 1994 regulation 3(1); or
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1 (b) affect the staff member's existing or accruing rights in
2 respect of annual leave, long service leave, sick leave or
3 parental leave; or
4 (c) affect any rights under a superannuation scheme; or
5 (d) interrupt the continuity of the staff member's service.
6 (4) For the purposes of subsection (3)(d), the staff member's
7 service with the former board is to be taken to have been with
8 the Department.
9 121. Reporting in respect of former board
10 The Building Commissioner is to --
11 (a) comply with the provisions of section 23A and 23B of
12 the repealed Act in respect of the former board to the
13 extent that those provisions have not been complied with
14 for any financial year that ended before commencement
15 day; and
16 (b) comply with the provisions of section 23A of the
17 repealed Act in respect of the former board for the
18 period from the end of the financial year before
19 commencement day to commencement day; and
20 (c) prepare and submit to the Minister an annual report in
21 respect of the former board as required by section 23B
22 of the repealed Act for the period from the end of the
23 financial year before commencement day to
24 commencement day, and that provision applies as if that
25 period were a year.
26 122. Completion of things commenced
27 Anything commenced to be done by the former board before
28 commencement day may be continued by the Board so far as the
29 doing of that thing is a function of the Board.
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1 123. Continuing effect of things done
2 (1) Any act, matter or thing done or omitted to be done before
3 commencement day by, to or in respect of the former board, to
4 the extent that the act, matter or thing --
5 (a) has any force or significance; and
6 (b) is not governed by another provision of this Subdivision,
7 is to be taken to have been done or omitted by, to or in respect
8 of the Board so far as the act, matter or thing is relevant to the
9 Board.
10 (2) An appointment made by the former board under the Home
11 Building Contracts Act 1991 section 31B(10) is to be taken to
12 be an appointment made by the Building Commissioner.
13 (3) A certificate issued by the former board under the Home
14 Building Contracts Act 1991 section 31B(11) is to be taken to
15 have been issued by the Building Commissioner.
16 124. Agreements and instruments generally
17 Any agreement or instrument subsisting immediately before
18 commencement day --
19 (a) to which the former board was a party; or
20 (b) which contains a reference to the former board,
21 has effect on and after commencement day as if --
22 (c) the Building Commissioner were substituted for the
23 former board as a party to the agreement or instrument;
24 and
25 (d) any reference in the agreement or instrument to the
26 former board were (unless the context otherwise
27 requires) amended to be or include a reference to the
28 Building Commissioner.
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1 Subdivision 2 -- Painters
2 125. Terms used
3 In this Subdivision --
4 assets means any legal or equitable estate or interest (whether
5 present or future, whether vested or contingent and whether
6 personal or assignable) in real or personal property of any
7 description (including money) and includes securities, choses in
8 action and documents;
9 commencement day means the day on which section 108 comes
10 into operation;
11 former board means the Painters' Registration Board
12 established under section 5 of the repealed Act;
13 repealed Act means the Painters' Registration Act 1961.
14 126. Painting commenced before commencement day
15 Any painting --
16 (a) lawfully commenced before commencement day in an
17 area of the State to which section 4 of the repealed Act
18 did not apply, but to which section 7 of this Act applies;
19 and
20 (b) not completed or discontinued before the coming into
21 operation of this Act,
22 may be continued and completed as if section 7 did not apply.
23 127. Registration continues
24 (1) A person who immediately before commencement day was
25 registered under section 12(1) or (2) of the repealed Act is to be
26 taken to be registered --
27 (a) under section 17 in a class of building service
28 practitioner determined in accordance with the
29 regulations; and
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1 (b) under section 18 in a class of building service contractor
2 determined in accordance with the regulations,
3 for the period commencing on commencement day and ending
4 on 1 February immediately following commencement day
5 subject to the same conditions as applied to that person's
6 registration under the repealed Act.
7 (2) A person who immediately before commencement day was
8 registered under section 14(1) of the repealed Act is to be taken
9 to be registered under section 18 in a class of building service
10 contractor determined in accordance with the regulations for the
11 period commencing on commencement day and ending on
12 1 February immediately following commencement day subject
13 to the same conditions as applied to that person's registration
14 under the repealed Act.
15 (3) A person who immediately before commencement day was
16 listed in the Register of Painters referred to in section 10(1) of
17 the repealed Act as a supervisor for a body that is to be taken
18 under subsection (2) to be registered as a building service
19 contractor in a class of building service contractor is to be taken
20 to have been nominated by the contractor on commencement
21 day as a supervisor for that class of building service contractor.
22 128. Existing applications for registration
23 (1) An application for registration made under section 12 or 14 of
24 the repealed Act before commencement day that has not been
25 finally determined before commencement day is to be dealt with
26 and determined under the repealed Act as if that Act had not
27 been repealed.
28 (2) For the purposes of subsection (1) --
29 (a) a reference in the repealed Act to the former board is to
30 be taken to be a reference to the Board; and
31 (b) a reference in the repealed Act to the registrar of the
32 former board is to be taken to be a reference to the
33 Building Commissioner.
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1 (3) A person who is registered on the determination of an
2 application to which subsection subsection (1) applies is to be
3 taken to have been registered immediately before
4 commencement day.
5 129. Allegations of cause for disciplinary action made by former
6 board
7 A proceeding commenced by an allegation under section 16(1)
8 of the repealed Act before commencement day is to be
9 continued and dealt with as if it were a proceeding commenced
10 by an allegation made by the Board under this Act.
11 130. Disciplinary action: persons registered under repealed Act
12 (1) Part 5 and the Building Services (Complaint Resolution and
13 Administration) Act 2010 Part 2 Division 2 apply, with any
14 necessary modifications, to a person who was registered under
15 section 12(1) or (2) or 14(1) of the repealed Act in relation to
16 conduct occurring while the person was registered under that
17 Act in the same way that they apply to a person who is a
18 registered building service provider.
19 (2) However, subsection (1) applies only to the extent that the
20 conduct amounts to a reason described in section 16(2) of the
21 repealed Act.
22 131. Devolution of assets and liabilities of former board
23 (1) On and after commencement day --
24 (a) the assets and rights of the former board that were
25 immediately before that day vested in the board vest in
26 the State by force of this section; and
27 (b) the liabilities of the former board (including a share of a
28 liability) immediately before that day become, by force
29 of this section, the liabilities of the State; and
30 (c) any proceeding or remedy that immediately before that
31 day might have been brought or continued by or
32 available against or to the former board may be brought
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1 or continued and are available, by or against or to the
2 Building Commissioner; and
3 (d) all records and data of the former board pass to the
4 Building Commissioner.
5 (2) Moneys vested in the State under subsection (1)(a) are to be
6 held to the credit of the Building Services Account.
7 (3) The proceeds of the sale of any assets vested in the State under
8 subsection (1)(a) are to be paid into the Building Services
9 Account.
10 (4) Liabilities taken over by the State under subsection (1)(b) are to
11 be paid from the Building Services Account.
12 132. Members of former board
13 A member of the former board ceases to be a member on
14 commencement day.
15 133. Staff of former board
16 (1) In this section --
17 staff member of the former board means a person who,
18 immediately before commencement day, was an officer or
19 servant of the former board appointed under section 9(1) of the
20 repealed Act.
21 (2) On commencement day, each staff member of the former board
22 is to be employed in the Department.
23 (3) Except as otherwise agreed by a staff member of a former
24 board, the operation of this section does not --
25 (a) affect the staff member's pay, as that term is defined in
26 the Public Sector Management (Redeployment and
27 Redundancy) Regulations 1994 regulation 3; or
28 (b) affect the staff member's existing or accruing rights in
29 respect of annual leave, long service leave, sick leave or
30 parental leave; or
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1 (c) affect any rights under a superannuation scheme; or
2 (d) interrupt the continuity of the staff member's service.
3 (4) For the purposes of subsection (3)(d), the staff member's
4 service with the former board is to be taken to have been with
5 the Department.
6 134. Reporting in respect of former board
7 The Building Commissioner is to --
8 (a) comply with the provisions of sections 23A and 23B of
9 the repealed Act in respect of the former board to the
10 extent that those provisions have not been complied with
11 for any financial year that ended before commencement
12 day; and
13 (b) comply with the provisions of section 23A of the
14 repealed Act in respect of the former board for the
15 period from the end of the financial year before
16 commencement day to commencement day; and
17 (c) prepare and submit to the Minister an annual report in
18 respect of the former board as required by section 23B
19 of the repealed Act for the period from the end of the
20 financial year before commencement day to
21 commencement day, and that provision applies as if that
22 period were a year.
23 135. Completion of things commenced
24 Anything commenced to be done by the former board before
25 commencement day may be continued by the Board so far as the
26 doing of that thing is a function of the Board.
27 136. Continuing effect of things done
28 Any act, matter or thing done or omitted to be done before
29 commencement day by, to or in respect of the former board, to
30 the extent that the act, matter or thing --
31 (a) has any force or significance; and
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1 (b) is not governed by another provision of this Subdivision,
2 is to be taken to have been done or omitted by, to or in respect
3 of the Board so far as the act, matter or thing is relevant to the
4 Board.
5 137. Agreements and instruments generally
6 Any agreement or instrument subsisting immediately before
7 commencement day --
8 (a) to which the former board was a party; or
9 (b) which contains a reference to the former board,
10 has effect on and after commencement day as if --
11 (c) the Building Commissioner were substituted for the
12 former board as a party to the agreement or instrument;
13 and
14 (d) any reference in the agreement or instrument to the
15 former board were (unless the context otherwise
16 requires) amended to be or include a reference to the
17 Building Commissioner.
18 Subdivision 3 -- Building Surveyors
19 138. Terms used
20 In this Subdivision --
21 commencement day means the day on which section 112 comes
22 into operation;
23 former committee means the Building Surveyors Qualifications
24 Committee established under regulation 7 of the repealed
25 regulations;
26 repealed regulations means the Local Government (Building
27 Surveyors) Regulations 2008.
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1 139. Registration of certificate holders
2 A person who immediately before commencement day held a
3 certificate of qualification granted under regulation 21 of the
4 repealed regulations is taken to be registered under section 17 in
5 a class of building service practitioner determined in accordance
6 with the regulations for the period commencing on
7 commencement day and ending on 1 February immediately
8 following commencement day subject to such conditions, if any,
9 as are prescribed by the regulations.
10 140. Existing applications for certificate
11 (1) An application for a certificate of qualification made under
12 regulation 20 of the repealed regulations before commencement
13 day that has not been finally determined before commencement
14 day is to be dealt with and determined under the repealed
15 regulations as if they had not been repealed.
16 (2) For the purposes of subsection (1), a reference in the repealed
17 regulations to the former committee is to be taken to be a
18 reference to the Board.
19 (3) A person who is granted a certificate on the determination of an
20 application to which subsection (1) applies is to be taken to have
21 held a certificate of qualification immediately before
22 commencement day.
23 141. Members of former committee
24 A member of the former committee ceases to be a member on
25 commencement day.
26 142. Records of former committee
27 On and after commencement day all records and data of the
28 former committee pass to the Building Commissioner.
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1 143. Agreements and instruments generally
2 Any agreement or instrument subsisting immediately before
3 commencement day --
4 (a) to which the former committee was a party; or
5 (b) which contains a reference to the former committee,
6 has effect on and after commencement day as if --
7 (c) the Building Commissioner were substituted for the
8 former committee as a party to the agreement or
9 instrument; and
10 (d) any reference in the agreement or instrument to the
11 former committee were (unless the context otherwise
12 requires) amended to be or include a reference to the
13 Building Commissioner.
14 Subdivision 4 -- General provisions
15 144. Registration of documents
16 (1) In this section --
17 relevant official means --
18 (a) the Registrar of Titles; or
19 (b) the Registrar of Deeds; or
20 (c) any other person authorised by a written law to record
21 and give effect to the registration of documents relating
22 to property transactions,
23 according to which, if any, of them has responsibility for a
24 register relating to the relevant property;
25 relevant property means property of a kind affected by this Part,
26 whether it is an estate or interest in land or other property.
27 (2) The Building Commissioner is to cause to be delivered to each
28 relevant official a schedule, in a form acceptable to the relevant
29 official, of the information that the relevant official needs in
30 order to register changes effected by this Part.
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1 (3) The relevant officials are to take notice of this Part and are to
2 record and register in the appropriate manner the documents
3 necessary to show the effect of this Part.
4 145. Exemption from State tax
5 (1) In this section --
6 State tax includes duty chargeable under the Duties Act 2008
7 and any other tax, duty, fee, levy or charge, under a law of the
8 State.
9 (2) State tax is not payable in relation to --
10 (a) anything that occurs by operation of this Part; or
11 (b) anything done (including a transaction entered into or an
12 instrument or document of any kind made, executed,
13 lodged or given) under this Part, or to give effect to this
14 Part, or for a purpose connected with or arising out of,
15 giving effect to this Part.
16 146. Transitional regulations
17 (1) If there is no sufficient provision in this Part for dealing with a
18 transitional matter, regulations under this Act may prescribe all
19 matters that are required or necessary or convenient to be
20 prescribed in relation to that matter.
21 (2) In subsection (1) --
22 transitional matter means a matter that needs to be dealt with
23 for the transition required because of this Act.
24 (3) Regulations made under subsection (1) may provide that
25 specific provisions of any written law --
26 (a) do not apply to or in relation to any matter; or
27 (b) apply with specific modifications to or in relation to any
28 matter.
29 (4) If regulations made under subsection (1) provide that a specified
30 state of affairs is to be taken to have existed, or not to have
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1 existed, on and from a day that is earlier than the day on which
2 the regulations are published in the Gazette but not earlier than
3 commencement day, the regulations have effect according to
4 their terms.
5 (5) In subsection (4) --
6 specified means specified or described in the regulations.
7 (6) If regulations contain a provision referred to in subsection (4),
8 the provision does not operate so as --
9 (a) to affect in a manner prejudicial to any person (other
10 than the State or an authority of the State), the rights of
11 that person existing before the regulations were
12 published in the Gazette; or
13 (b) to impose liabilities on any person (other than the State
14 or an authority of the State) in respect of anything done
15 or omitted to be done before the regulations were
16 published in the Gazette.
page 77
Building Services (Registration) Bill 2010
Part 10 Consequential amendments
Division 1 Home Building Contracts Act 1991 amended
s. 147
1 Part 10 -- Consequential amendments
2 Division 1 -- Home Building Contracts Act 1991 amended
3 147. Home Building Contracts Act 1991 amended
4 This Division amends the Home Building Contracts Act 1991.
5 148. Section 3 amended
6 (1) In section 3(1) delete the definition of building licence.
7 (2) In section 3(1) insert in alphabetical order:
8
9 building licence means building licence issued under
10 the Local Government (Miscellaneous Provisions)
11 Act 1960 section 374 before that provision was deleted
12 by the Building Act 2010 section 153(2);
13 building permit means building permit as defined in
14 the Building Act 2010 section 3;
15 repealed Act means the Builders' Registration
16 Act 1939;
17
18 (3) In section 3(1) in the definition of Builders' Registration Board
19 delete "Builders' Registration Act 1939;" and insert:
20
21 repealed Act;
22
23 149. Section 25A amended
24 (1) In section 25A delete the definition of builder.
25 (2) In section 25A insert in alphabetical order:
26
27 builder includes, in addition to the meaning given by
28 the definition in section 3(1), a person who --
29 (a) was registered under the repealed Act; or
page 78
Building Services (Registration) Bill 2010
Consequential amendments Part 10
Home Building Contracts Act 1991 amended Division 1
s. 149
1 (b) is a building service contractor in a class of
2 building service contractor prescribed by the
3 regulations,
4 whether or not the person carries on a business referred
5 to in that definition;
6 building service contractor has the meaning given in
7 the Building Services (Registration) Act 2010 section 3;
8
9 (3) In section 25A in the definition of owner-builder:
10 (a) in paragraph (a) delete "Builders' Registration Act 1939;
11 or" and insert:
12
13 the repealed Act; or
14
15 (b) delete paragraph (b)(i) and insert:
16
17 (i) was registered under the repealed Act;
18 and
19
20 (c) after paragraph (b) insert:
21
22 (c) a person who --
23 (i) has owner-builder approval under the
24 Building Services (Registration) Act
25 2010 section 45 to carry out residential
26 building work for the dwelling; and
27 (ii) is issued a building licence or granted a
28 building permit for the residential
29 building work;
30 or
page 79
Building Services (Registration) Bill 2010
Part 10 Consequential amendments
Division 1 Home Building Contracts Act 1991 amended
s. 150
1 (d) a person who --
2 (i) is a building service contractor in a class
3 of building service contractor prescribed
4 by the regulations for the purpose of this
5 definition; and
6 (ii) constructs the dwelling for himself or
7 herself as his or her principal place of
8 residence and not for immediate sale;
9 and
10 (iii) was issued a building licence or granted
11 a building permit for the residential
12 building work for the dwelling when no
13 policy of insurance that complies with
14 Division 2 was in force, or no
15 corresponding cover (of the type
16 referred to in section 25DA) was
17 provided by an approved fund in
18 relation to the residential building work;
19
20 (d) at the end of paragraph (b) insert:
21
22 or
23
24 150. Section 25B amended
25 (1) Delete section 25B(3)(b) and insert:
26
27 (b) the builder --
28 (i) had given to the Builders' Registration
29 Board a statutory declaration verifying
30 that he or she had not, within the last
31 6 years, obtained a building licence for
32 residential building work; or
page 80
Building Services (Registration) Bill 2010
Consequential amendments Part 10
Home Building Contracts Act 1991 amended Division 1
s. 151
1 (ii) has given to the Building Commissioner
2 a statutory declaration verifying that he
3 or she has not, within the last 6 years,
4 obtained a building licence or a building
5 permit for residential building work,
6 in respect of which no insurance was required
7 because of this subsection.
8
9 151. Section 25F amended
10 In section 25F(1) delete "licence" and insert:
11
12 licence, or the date of grant of the relevant building permit,
13
14 152. Section 25FA amended
15 (1) In section 25FA(1) in the Penalty delete "$10 000." and insert:
16
17 a fine of $10 000.
18
19 (2) After section 25FA(1) insert:
20
21 (2A) A person to whom paragraph (d) of the definition of
22 owner-builder applies in relation to a dwelling must
23 not, within 3 years of the date the building licence is
24 issued, or the building permit is granted, to the person
25 for the dwelling, sell or otherwise dispose of the land
26 on which the dwelling was constructed unless the
27 Minister by order otherwise consents.
28 Penalty: a fine of $10 000.
29
page 81
Building Services (Registration) Bill 2010
Part 10 Consequential amendments
Division 1 Home Building Contracts Act 1991 amended
s. 153
1 (3) In section 25FA(2) delete "subsection (1)," and insert:
2
3 subsection (1) or (2A),
4
5 (4) After section 25FA(3) insert:
6
7 (4) Subsection (2A) does not apply to a person in relation
8 to a dwelling if the building permit for the dwelling
9 was granted to the person during a period specified in
10 an order made under section 25I for the purposes of
11 section 25C(3).
12
13 153. Section 25G amended
14 (1) Delete section 25G(1)(b) and insert:
15
16 (b) it provides that claims may be made under it at
17 any time before the expiration of a period of
18 7 years from --
19 (i) the date of issue to the owner-builder of
20 the relevant building licence for the
21 building work; or
22 (ii) the date of grant to the owner-builder of
23 the relevant building permit for the
24 building work;
25 and
26
27 (2) After each of paragraphs (a) and (c) insert:
28
29 and
30
page 82
Building Services (Registration) Bill 2010
Consequential amendments Part 10
Other Acts amended Division 2
s. 154
1 154. Section 31B amended
2 In section 31B(10) and (11) delete "Builders' Registration
3 Board" and insert:
4
5 Building Commissioner
6
7 Division 2 -- Other Acts amended
8 155. Constitution Acts Amendment Act 1899 amended
9 (1) This section amends the Constitution Acts Amendment Act 1899.
10 (2) In Schedule V Part 3 delete the items relating to:
11 The Builders' Registration Board of Western Australia
12 The Municipal Building Surveyors Examination Committee
13 The Painters' Registration Board
14 (3) In Schedule V Part 3 after the item relating to the Broome Port
15 Authority insert:
16
17 The Building Services Board established under the Building
18 Services (Registration) Act 2010.
19
20 156. Local Government (Miscellaneous Provisions) Act 1960
21 amended
22 (1) This section amends the Local Government (Miscellaneous
23 Provisions) Act 1960.
24 (2) In section 364(3C) delete "building surveyor of the".
25 (3) Delete Part XV Division 1A.
page 83
Building Services (Registration) Bill 2010
Part 10 Consequential amendments
Division 2 Other Acts amended
s. 156
1 (4) After section 374 insert --
2 374AAA. Local governments not to issue building licences in
3 certain circumstances
4 (1) A local government must not issue a building licence to
5 commence or proceed with any building work unless
6 the licence is issued to a person who --
7 (a) is a building service contractor, as defined in
8 the Building Services (Registration) Act 2010
9 section 3, registered in a class of building
10 service contractor prescribed by the regulations
11 for the purposes of this section; or
12 (b) has been granted owner-builder approval, as
13 defined in the Building Services (Registration)
14 Act 2010 section 38, to carry out the building
15 work.
16 (2) Subsection (1) does not apply in respect of a building
17 licence for building work --
18 (a) with a value of less than $20 000; or
19 (b) that is to be carried out in an area of the State
20 prescribed by the regulations for the purposes
21 of this section.
22 (3) A person who for the purposes of obtaining or
23 attempting to obtain a building licence from a local
24 government makes a representation or statement that is
25 false in a material particular in relation to --
26 (a) the value of building work to be carried out
27 under the building licence; or
28 (b) the fee or charge payable in respect of the
29 carrying out of the building work; or
page 84
Building Services (Registration) Bill 2010
Consequential amendments Part 10
Other Acts amended Division 2
s. 157
1 (c) whether the person is registered, or has been
2 granted approval, under the Building Services
3 (Registration) Act 2010,
4 commits an offence.
5 Penalty: a fine of $10 000.
6 157. Sentencing Act 1995 amended
7 (1) This section amends the Sentencing Act 1995.
8 (2) In Schedule 1 delete the items relating to:
9 Builders' Registration Act 1939
10 Painters' Registration Act 1961
11 158. State Administrative Tribunal Act 2004 amended
12 (1) This section amends the State Administrative Tribunal Act 2004.
13 (2) In Schedule 1 delete:
14 Builders' Registration Act 1939
15 Painters' Registration Act 1961
16 (3) In Schedule 1 insert in alphabetical order:
17
18 Building Services (Registration) Act 2010
19
20 159. Travel Agents Act 1985 amended
21 (1) This section amends the Travel Agents Act 1985.
22 (2) In the Schedule:
23 (a) delete item 2 and insert:
24
2. Building Services (Registration) Act 2010
25
26 (b) delete item 11.
page 85
Building Services (Registration) Bill 2010
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
amend....................................................................................................................3
assets .........................................................................................................113, 125
Board.....................................................................................................................3
body ......................................................................................................................3
Building Commissioner ........................................................................................3
building permit......................................................................................................3
building service.....................................................................................................3
building service contractor....................................................................................3
building service practitioner .................................................................................3
Building Services Account ...................................................................................3
building work......................................................................................................38
CEO ......................................................................................................................3
class,......................................................................................................................3
commencement day ..........................................................................113, 125, 138
committee .............................................................................................................3
complaint ..............................................................................................................3
condition ...............................................................................................................3
corporation ............................................................................................................3
Corporations Act...................................................................................................3
Department ...........................................................................................................3
disqualified person......................................................................................... 16(1)
document........................................................................................................ 74(1)
eligible person................................................................................................ 21(1)
expiry day ........................................................................................... 12(1), 12(2)
former board .............................................................................................113, 125
former committee..............................................................................................138
ineligible person....................................................................................................3
information .................................................................................................... 74(1)
insolvent................................................................................................................3
jurisdiction ............................................................................................................3
nominated supervisor .....................................................................3, 21(2) and (3)
occupation group............................................................................................ 67(1)
offence ........................................................................................................... 97(1)
officer....................................................................................................................3
owner ....................................................................................................... 38, 39(1)
owner-builder approval............................................................................ 38, 40(1)
owner-builder work.............................................................................................38
owner-builder......................................................................................................38
prescribed building service ...................................................................................3
page 86
Building Services (Registration) Bill 2010
Defined Terms
public authority .....................................................................................................3
register ..................................................................................................................3
registered building service provider......................................................................3
registration ............................................................................................................3
registration certificate ...........................................................................................3
registration number ...............................................................................................3
relevant building service ................................................................................ 22(1)
relevant official ............................................................................................ 144(1)
relevant property .......................................................................................... 144(1)
repealed Act ..............................................................................................113, 125
repealed regulations ..........................................................................................138
report year ...........................................................................................................94
reviewable decision........................................................................................ 64(1)
serious offence ......................................................................................................3
specified.......................................................................................... 103(3), 146(5)
staff member of the former board ................................................... 120(1), 133(1)
State tax ....................................................................................................... 145(1)
transitional matter ........................................................................................ 146(2)
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